Thrown from his motorcycle after hitting a pothole, Ricardo Mendez sued Carlos Brizuela--a minivan driver that hit Mendez immediately after the fall.
When the New York County Supreme Court granted Brizuela's request to have the case dismissed (as against him), Mendez appealed.
Because the minivan driver had been faced with an unexpected and unforeseen emergency situation, and there was no evidence to suggest that he had breached any duty of care, the Appellate Division, First Department, allowed the dismissal to stand.
Was that no accident?
To view a copy of the Appellate Division's decision, please use this link: Mendez v. City of New York