Congratulations to Gerard Ferrara for successfully affirming the dismissal of the amended complaint against defendant, Tana T. Piccirillo. This decision underscores the importance of demonstrating sole proximate cause in vehicle collision cases and highlights the firm’s effective appellate advocacy. The case was heard in the Appellate Division, Second Department, before a panel including Hon. Betsy Barros, Hon. Francesca E. Connolly, Hon. Robert J. Miller, and Hon. Paul Wooten.
This case arose from a collision on November 10, 2018, in which the plaintiff, Fahd Salama, was a passenger in a vehicle operated by Randa Soryal. Soryal’s vehicle, while attempting to turn right from a left-turn-only center lane, collided with a vehicle operated by Piccirillo. The plaintiff alleged negligence against both drivers.
The Supreme Court, Suffolk County, had granted summary judgment dismissing the amended complaint against Piccirillo, finding that her actions did not constitute proximate cause to the accident. The appellate court affirmed this decision, agreeing that Soryal’s unsafe lane change and failure to see Piccirillo’s vehicle were the sole proximate causes of the collision. The court relied on evidence, including a certified police accident report, which noted Soryal’s admission that she “did not see” Piccirillo’s vehicle.
This decision reinforces the principle that a driver with the right-of-way is entitled to expect compliance with traffic laws and is not comparatively negligent when reacting to another driver’s failure to yield. The success in affirming summary judgment is a testament to Gerard’s meticulous preparation and effective legal strategy.
