BMM Wins Summary Judgment In Motor Vehicle Accident Case
April 13, 2015
The plaintiff was seriously injured in a motorcycle/auto accident that occurred on the Long Island Expressway in Suffolk County, New York.
Initially, the plaintiff commenced the action against the vehicle’s operator but amended the complaint to include three entities who allegedly employed the vehicle’s operator at the time of the accident.
The plaintiff’s complaint alleged that the accident occurred while the operator was in the course and scope of his employment with all three entities.
Thomas P. Jaffa, crafted a successful argument that demonstrated how our client did not employ the operator at the time of the accident. The evidence provided by the client and supported by deposition testimony and documentary evidence by co-defendants, established the operator was not employed by the client at the time of the accident. The Court held that the doctrine of respondeat superior applies only where the employee is under the control of the employer at the time he was using his vehicle. The plaintiff here did not establish which company the operator worked for, thus the complaint was dismissed.
In addition, Mr. Jaffa successfully opposed plaintiff’s motion seeking summary judgment on liability with regard to the motorcycle/auto accident. The Court held that there were questions of fact as to the plaintiff’s negligence in causing or contributing to the accident.
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