Brooks & Berne, PLLC Obtains Summary Judgment in Multi-Vehicle Accident Case in Hudson County, New Jersey
Candace Johnson and Alesha Powell obtained summary judgment on behalf of their client in a personal injury action filed in Hudson County Superior Court, New Jersey. The motion was filed after all depositions were conducted and written discovery complete. On behalf of the operator of the middle vehicle in a three-vehicle accident, we argued that our client was not the proximate cause of the alleged accident and was not negligent in the operation of the insured motor vehicle. In sum, co-defendant was driving in the far-left lane of a three-lane highway and plaintiff was driving in the far-right lane, when co-defendant at the last second remembered he had to make a right turn and did so, thereby striking plaintiff’s vehicle. Both plaintiff and co-defendant’s vehicle then impacted our client’s’ vehicle properly stopped near the intersection.
Judge Vincent J. Militello 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. Thus, all claims and cross-claims were dismissed against our client.