B. Lee was driving northbound on Cross Bay Boulevard when he crashed into a garbage truck owned by D. Daniels Contracting and operated by Sean Prise. Apparently, Prise was parked in such a way that he was blocking the entire right lane of a roadway. (Lee claimed that he didn't see the truck until "a second" before the collision.)
Daniels and its driver argued that they weren't liable for what unfolded since the accident was caused by Lee's failure "to see that which he should have seen." And both the Queens County Supreme Court and the Appellate Division, Second Department, agreed that while the manner in which the truck was parked "furnished the condition" for the accident, that--in and of itself--wasn't the cause of the accident or Lee's injuries.
Didn't he see that coming?
To view a copy of the Appellate Division's decision, please use this link: Lee v. D. Daniels Contr., Ltd.