SUMMARY JUDGMENT DENIED TO PLAINTIFF ON MOTOR VEHICLE ACCIDENT CLAIM BASED ON DIFFERING VERSION OF FACTS

Tornabene v. American United Transportation, et al., Index No. 158595/2019 [Motor Vehicle ]
                                                                                    
Defendant Uber driver demonstrated that questions of fact exist as to the happening of accident, i.e. differing versions that plaintiff was struck by vehicle on left side versus the vehicle was not in motion when plaintiff sustained fall, resulting in court denying plaintiff summary judgment on liability. The court further denied plaintiff’s motion seeking dismissal of affirmative defenses of culpable conduct and failure to meet serious injury threshold. Defendant raised issue that plaintiff’s failure to keep a look-out while crossing the intersection was negligent conduct contributing to accident. Additionally, defendants contended that 90/180 serious threshold standard has not been met as left elbow injury resolved without medical intervention and plaintiff used a walking cane for less than a month.