Court of Appeals Removes Hurdle for Tort Plaintiffs to Gain Summary Judgment By Michael Joseph on January 26, 2019

The Court of Appeals has made it easier for personal injury lawyers in New York to win their cases by filing a motion as opposed to waiting years for a trial. This is a major change to the standards for when a Plaintiff can obtain summary judgement. Our Westchester personal injury lawyers have been leaders in pushing for Plaintiffs getting summary judgement and streamlining our personal injury cases.

Under this new ruling, Plaintiffs can win summary judgement by proving that the defendant was at fault or negligent, even if the Plaintiff was partially at fault. Before 1975, New York followed the common-law doctrine of contributory negligence as a complete defense, meaning plaintiffs were precluded from recovery if found to be responsible in any way for their injuries.  But that year, the New York State Assembly passed Article 14-4, which established New York as a comparative-fault state for tort damages, meaning plaintiffs may recover even in cases where they are more than 50 percent at fault. The statute reduced plaintiff’s comparative negligence from a complete defense for defendants to a method of mitigating a plaintiff’s damages. In other words if a Plaintiff was 20 percent at fault their damages are reduced by 20 percent.

In the Rodriguez case which the Court of Appeals decided, On a snowy day in January 2011, plaintiff and two coworkers, employees of defendant New York City's Department of Sanitation (DOS), were tasked with placing tire chains on sanitation trucks to provide better traction in the snow. While plaintiff was waiting for his coworkers to bring another truck into the garage for outfitting with chains, he walked towards the garage, between a parked car and a rack of tires. Plaintiff suffered injuries when his coworkers backed the truck into the parked car, which was propelled into him. The driver testified that, as he moved the truck in reverse, the "guide man" stood on the driver's side (he should have been guiding from the passenger's side, according to an accident report by a DOS safety officer) and gave an abrupt signal to stop, at which point the driver hit the brakes hard enough that he "jerked the truck" and slid into the car. The guide man testified that he started signaling from the passenger's side, as required, and moved to the driver's side only after it appeared that the driver was unable to see him signaling to stop. The guide man further testified that he signaled several times to stop, but the driver did not brake until the guide man moved to the driver's side and began waving his arms and yelling.

Plaintiff testified that he was walking between the rack of tires and the front of the parked car as the truck was backing up, and that he heard the truck beeping as it did so. He did not, however, attempt to keep the truck in view because he could not see it as he was walking towards the garage and in front of the parked car. When the driver hit the brakes, the truck slid and struck the rear of the parked car, which slid into plaintiff, pinning him between the front of the car and a rack of tires. He landed with his back on the hood of the car, and suffered resulting injuries. Our Westchester truck accident attorneys know how serious injuries from a truck accident can be.

Plaintiff commenced this action and, after discovery, moved for partial summary judgment on the issue of liability, arguing that the record established that defendant's employees were solely responsible for the accident and that their failure to maintain control of the truck constituted a prima facie case of negligence. Plaintiff also argued that there was no evidence indicating that he was comparatively negligent, because at the time of the accident he was standing in an area where he was permitted to be and was in a position of ostensible safety (according to an affidavit by plaintiff's expert, a retired DOS safety officer). Defendants opposed the motion, arguing, inter alia, that there were triable issues of fact as to whether plaintiff was free from comparative fault. The motion court denied plaintiff's motion for partial summary judgment on the issue of liability, finding, inter alia, that, even if the evidence established defendant's negligence, the question of plaintiff's comparative fault "must be resolved at trial.

Writing for the majority, Judge Paul Feinman said placing the burden on the plaintiff, a New York City sanitation worker injured on the job who sued the city government, to show an absence of fault is inconsistent with a state statute, which since 1975 has directed courts to assess a plaintiff’s comparative negligence only at the damages stage. But, writing for the dissent, Judge Michael Garcia, joined in the minority by Chief Judge Janet DiFiore and Judge Leslie Stein, said the fact that the city’s liability was called into question in the case highlights the “unreasonableness” of the approach that his colleagues in the majority took in deciding the case.

Ruling on an issue that has divided New York judges and “perplexed courts for some time,” a split Court of Appeals ruled that plaintiffs in comparative negligence cases need not bear the “double burden” of disproving their own negligence to win on summary judgment.

Also the Defense Association of New York filed an amicus brief in the case calling on the Court of Appeals to affirm the lower court and deny Plaintiff’s summary judgment motion, arguing that removing the requirement for plaintiffs to negate their contributory negligence to win summary judgment is unfair and a drain on judicial resources.

There has been a mixed reaction to the high court ruling.  However, the high court’s 4-3 ruling clears up an issue that has bedeviled New York courts for decades, which has resulting in inconsistent case law on the issue of whether plaintiffs have to show that they are free of negligence to succeed on a summary judgment motion when determining a defendant’s liability. Our White Plains personal injury lawyers who handle truck accidents firmly agree with the decision as it streamlines the process and makes sure the law is applied in a fair manner. Our Westchester lawyers who handle accident cases will continue to make summary judgment motions and aggressively represent our injured clients.


Related to This

The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite
About Us
Our Locations
Personal Injury
Construction Accidents
Auto Accidents

About Us

Our Locations

Personal Injury

Construction Accidents

Auto Accidents

Google map image of our location in 18 W 33rd St Ste 400 New York, NY

New York Office

18 W 33rd St
Ste 400
New York, NY 10001

Open Today 8:30am - 6:00pm

Google map image of our location in 203 E Post Rd  White Plains, NY

White Plains Office

203 E Post Rd
White Plains, NY 10601

Open Today 8:30am - 6:00pm

Tell us a bit about yourself...

(212) 858-0503 Send a message