Partners Daniel Stewart and Robert Drucker won summary judgment on liability in a contested intersection case in Kings County Supreme Court. Plaintiff claimed that she did not hear or see defendants’ ambulance approaching, and therefore did not yield as she approached the intersection with a green light in her favor. She suffered injuries to her neck and back, and knee injuries that required surgery. Her SUV was totaled.
Dashcam video from the ambulance proved that the ambulance had lights and siren activated as it approached the intersection against a red light. However, the video included the ambulance’s speed, and seemed to reflect that the ambulance did not slow down before passing through the red light, potentially in violation of New York laws applicable to emergency vehicles during ‘emergency operation’. Recognizing and understanding that potential weakness allowed Mr. Drucker to prepare the ambulance driver for cross-examination at his deposition, and maintain a defense that the driver’s actions did not rise to ‘reckless disregard’ for others.
FP filed for summary judgment, supported by the ambulance driver’s testimony and the dashcam video. As anticipated, plaintiff argued that the video proved the ambulance driver was negligent because he did not slow down. During oral argument, Mr. Stewart relied on the ambulance driver’s testimony to convince the court that the driver did not act in ‘reckless disregard.’
A copy of the decision can be found here:docs-1726333-v1-decision_order
To learn more about this decision, or to see how our attorneys’ attention to detail can help with your litigation needs, please contact us today.