John Goldman Successfully Obtains Reversal, Summary Judgment at Fourth Department in Automobile Liability Case

On August 8, 2014, John D. Goldman, Esq. obtained summary judgment for his clients, a local refuse service company and its drivers, in an action arising out of a motor vehicle accident in Rome, New York in April 2009. The plaintiffs alleged numerous injuries after their van was hit from behind by a vehicle driven by a co-defendant, and propelled directly in front of the garbage truck being operated by John’s clients.  The plaintiffs argued the operator of the garbage truck could have taken additional measures to avoid contacting their van after the van had been forced into the lane where the garbage truck was traveling.  John successfully argued his clients acted reasonably and were not negligent when they braked in response to the plaintiffs’ van.  The Appellate Division Fourth Department agreed, and reversed the lower court’s denial of summary judgment, resulting in dismissal of the case in its entirety.

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