Appellate Division sustains summary judgment dismissing claim against bus company where plaintiff suddenly veered in front of bus and stopped short, creating rear-end accident.

In a classic fact pattern, the plaintiffs alleged an injury, claiming they were safely stopped in traffic when they were rear-ended by a New York MTA bus. The motion exhibits included clear DriveCam surveillance video from the bus, showing that the plaintiff “suddenly and quickly entered the bus’s lane directly in front of the bus and, despite having a green light at the next intersection, stopped abruptly in a manner that did not give the [bus driver] adequate time to avoid the accident.” This decision represents a clear, tangible benefit to front-facing DriveCam as it gave the court the ability to entirely discredit the plaintiffs’ self-serving testimony and dismiss the action.

^{Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}