In L. v. P, the Appellate Division, Second Department, affirmed a trial court’s decision that handed a clean win to S.L. (the plaintiff) on the issue of liability. The case stemmed from a motor vehicle accident on May 6, 2022, when S.L.’s vehicle was struck by a car operated by K.P. (the defendant driver) and owned by corporate defendants T SR Holding Management, LLC and TS Home Services, LLC.
S.L. moved for summary judgment, seeking not only a ruling on liability but also dismissal of the defendants’ affirmative defenses—namely, comparative negligence and lack of proximate cause. To succeed, S.L. needed to show that K.P. breached a duty and that her negligence was a proximate cause of the injuries. Importantly, under New York law, a plaintiff doesn’t need to prove their own lack of fault to win on liability, but if they want to knock out comparative negligence defenses, they must show they weren’t to blame.
S.L. did just that. His affidavit laid out a clear narrative: K.P. had veered into the opposite lane of oncoming traffic, directly into S.L.’s path. That maneuver, unsupported by any lawful justification, was enough to establish negligence and proximate cause. Moreover, S.L. demonstrated he was not comparatively at fault, satisfying the burden to dismiss the defendants’ defenses.
The defendants, in turn, failed to mount a meaningful challenge. K.P.’s affidavit didn’t contradict S.L.’s account in any substantive way, and the court found no triable issue of fact. The defendants also argued that the motion was premature, claiming they needed more discovery. But the court rejected that, noting that K.P. already had personal knowledge of the relevant facts and that vague hopes of uncovering helpful evidence later weren’t enough to delay judgment.
In the end, the appellate court affirmed the trial court’s ruling, finding that the defendants’ remaining arguments were either meritless or irrelevant given the strength of the plaintiff’s showing.
Driving into oncoming traffic: the fastest route to summary judgment.
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DECISION