COULD YOU GET ANY BOULDER?
N.F. was a passenger on a motorcycle operated by W.J.F., when the vehicle suddenly swerved off the road (to avoid colliding with a car in front of them), and hit a boulder in front of P.W.C.’s house (in Riverhead, New York).
After a personal injury case was filed, the property owner (P.W.C.) sought summary judgment – pre-trial dismissal of the case filed against it -- and the Suffolk County Supreme Court granted that request.
Because it was of the view that the property owner wasn’t responsible for what transpired, and that no cognizable legal duty owed to N.F. was breached, the Appellate Division, Second Department, agreed with the court below and affirmed the dismissal. (In technical terms, the AD2 concluded that boulder was not the “proximate cause of the accident.")
Now that's rock bottom.
# # #
DECISION