Gordon & Rees Westchester Team’s Motion for Reargument and Reversal of Plaintiff’s Motion for Summary Judgment Granted by Federal Court

April 2021

Gordon Rees Scully Mansukhani's Don Derrico, Managing Partner of the Westchester and Buffalo offices, and Michael Schacher, Associate in the Westchester office, were granted reargument and reversal of an Order granting plaintiff’s Motion for Partial Summary Judgment on liability in a motor vehicle accident lawsuit filed in Federal Court. 

The plaintiff alleges she was struck by the client’s box truck as she was walking in a crosswalk in Staten Island causing injuries.  The driver testified he never saw the plaintiff before the accident and first realized his involvement when he felt a bump after he completed his turn.  The driver testified he then looked into his side mirror and observed plaintiff laying on the street, six feet outside the crosswalk. 

The plaintiff’s motion argued the client was negligent because she had the right of way. The plaintiff cited to the non-party deposition testimony of an eyewitness who placed plaintiff inside the crosswalk at the time of the accident.  In opposition, Derrico and Schacher cited case law where Courts denied similar motions where there were questions whether the plaintiffs were in the crosswalk at the time of their accidents.  However, the Judge granted plaintiff’s motion holding the driver could not place plaintiff outside of the crosswalk before or during the accident. 

On reargument, Derrico and Schacher argued the Court overlooked several facts and favorable case law.  The Judge agreed with Derrico’s and Schacher’s argument that a factually similar Appellate Division holding warranted reversal of his prior Order.