Delgado v. Bang
Justice Francois Rivera
Bang defendants jointly moved for summary judgment on the issue of liability, and dismissal of the complaint. Delgado cross-moved for summary judgment on liability. Delgado sued for damages for personal injuries sustained in a motor vehicle accident. She was a passenger on a motorcycle driven by Cordero which collided with the rear of Marie Bang's vehicle negligently stopped on the Brooklyn Bridge Roadway. Cordero was thrown from the motorcycle and sustained serious injuries. Cordero admitted hitting Bang's car in the rear, violating Vehicle & Traffic Law §1129(a). Bang claimed she was faced with an unforeseeable emergency when her car began to slow down on its own. She stopped her vehicle to call for help. Yet, the court noted a lead driver's violation of §1202 merely furnished the condition, not the proximate cause of an accident, and did not raise a triable issue of the rear driver's negligence in causing the accident. It stated Delgado was free from negligence in causing the accident, granting the motion for summary judgment in her favor on the issue of liability against the Bang defendants. However, the only unresolved question of fact on the issue of liability was the apportionment of fault between Cordero and Bang.