Charles LoBianco sued Christopher Lake and Altec Capital Services, LLC, after Lake's truck allegedly hit LoBianco's motorcycle.
The truck driver's testimony, and that of a nonparty witness, showed that after LoBianco rear-ended another vehicle, he was no longer on his bike when it slid across several lanes of traffic and collided with Lake's truck.
Despite that evidence, the New York County Supreme Court denied the defendants' request to dismiss the case.
Because LoBianco couldn't show the defendants were responsible for his injuries, the Appellate Division, First Department, reversed. (Apparently, LoBianco based his case on the mere sighting of Lake's truck parked on the side of the road after the accident.)
Low blow for LoBianco? (Lake streams on.)
To view a copy of the Appellate Division's decision, please use this link: LoBianco v. Lake