Scahill Law Group P.C. | New York Trial Attorneys

Pena v. Spade, 145 A.D.3d 791 (2d Dept 2016)

Plaintiff was awarded summary judgment on the issue of liability in this motor vehicle accident.  The Appellate Division reversed.

While defendant was attempting to make a right turn at the subject intersection, he struck plaintiff’s vehicle, which was parked in the parking lane. However, defendant testified plaintiff was parked entirely within the crosswalk.  "[A] violation of a standard of care imposed by the Vehicle and Traffic Law constitutes negligence per se".  The conflicting testimony created triable issues of fact as to whether plaintiff violated Vehicle and Traffic Law 1202(a)(1)(d), and if so, whether this was a proximate cause.

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