February 2, 2022
The Second Department affirmed the trial court’s decision granting summary judgment on liability where the evidence established that in a three-vehicle chain-collision accident, the defendant operator/owner of the middle vehicle, our clients, properly stopped or was safely slowing down, when it was struck from behind by the rear vehicle and propelled into the lead vehicle.
In opposition, the court did not afford any weight to the plaintiff’s argument that a purported “dirty, unusable seatbelt” established comparative fault on our clients for failure to provide a functional seatbelt.
McPhaul-Guerrier v. Leppla, 2022 NY Slip Op 00418 (2 Dept. 2022)