Summary Judgment Granted for Innocent Passenger in Motor Vehicle Accident

In a case involving an unusual seating arrangement and a collision with a city street sweeper, the court ruled on the plaintiff’s motion for partial summary judgment. The plaintiff, a passenger seated on a milk crate in a van operated by one of the defendants was injured when the van—traveling with its hazard lights on—collided with a City-owned street-sweeping vehicle. While the court found no dispute regarding the plaintiff’s innocence in the accident, it determined that issues of liability between the two defendants required further adjudication.

The plaintiff was a passenger in a van operated by the defendant Perez and owned by the defendant Shafir. Because there were no back seats in the van, the plaintiff was seated on a milk crate. While traveling with its hazard lights on, the van collided with a City street sweeping vehicle being operated by the defendant Asaro. The plaintiff was knocked off the milk crate, causing injuries. 

The plaintiff moved for partial summary judgment. Under New York State law, the plaintiff would be entitled to summary judgment if there is no genuine dispute over material fact regarding his own lack of culpability and the culpability of both defendant drivers, with the only unresolved issue being simply a finder of fact’s apportionment of fault between both defendants. However, summary judgment on the issue of liability is precluded when there are genuine disputes over whether both or only one of the defendant drivers was at fault for the accident. 

Because the parties did not dispute that the plaintiff was an innocent passenger, he is entitled to summary judgment on his own absence of liability. The plaintiff’s lack of liability is, however, insufficient to support summary judgment against both defendants when one defendant or the other could conceivably be found to be non-negligent. 

As such, the court granted summary judgment with respect to the plaintiff’s liability but addressed the defendants’ liability separately. 

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