NYC AMBULANCE DRIVER CONCEDED FAULT AT TIME OF ACCIDENT
After an Uber driven by PK was rear-ended by a NYC ambulance driven by IC, MAW – a passenger in PK’s vehicle – filed a personal injury lawsuit with the Bronx County Supreme Court.
Because he believed he wasn’t at fault for the collision, PK sought – via a motion for summary judgment -- dismissal of so much of the lawsuit that had been brought against him, but that request was denied by the judge overseeing the case.
On appeal, the Appellate Division, First Department, noted that a certified police accident report reinforced that the City’s ambulance driver was at fault for the accident. Apparently, the ambulance driver’s statements made to officers at the scene constituted an “admission or declaration against interest” which could be used against him.
Given that evidence, and the fact that PK “was approaching a red light” when he was “struck in the rear by the ambulance,” the AD1 thought PK demonstrated a “prima facie entitlement” to relief in his favor and dismissed any claims that had been filed against that Uber driver.
That sure was a kick in the rear for the City of New York ….
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