Brooks & Berne, PLLC Obtains Summary Judgment in Multi-Vehicle Accident Case
Chevon Andre Brooks and Kelechi Ajoku obtained summary judgment on behalf of their client in a subrogation action in Bronx County Civil Court. State Farm Mutual Automobile Insurance Company sought reimbursement of monies paid to repair property damage to their insured’s vehicle. The motion was filed prior to any depositions being conducted.
On behalf of the operator of the middle vehicle in a three-vehicle accident, we argued our client was not the proximate cause of the alleged accident and was not negligent in the operation of his motor vehicle. In sum, our client was traveling within the designated speed limit and coming to a gradual stop when co-defendant fell asleep and impacted our client’s vehicle in the rear causing his vehicle to impact plaintiff’s vehicle.
Justice Fidel E. Gomez found our client established a prima facie entitlement to summary judgment and any negligence in the record must be attributed to co-defendant as the primary tortfeasor. Justice Gomez rejected any notion that the motion was premature or speculation that our client followed to closely to the lead vehicle. All claims and cross-claims were dismissed.