In a Syracuse personal injury lawsuit arising from a car wreck, bicycle accident, or truck collision, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. In order to do this, it is important that the accident be investigated promptly, thoroughly, and by experienced professionals who know what to look for.
As the case proceeds towards trial, one or both parties may summary judgment, asking the court to determine an issue as a matter of law based on undisputed factual allegations. While summary judgment can be a useful tool under certain circumstances, it is not always appropriate, as a New York appellate court recently found.
Facts of the Case
In a recent case, the plaintiff was a bicyclist who was allegedly struck by a motor vehicle owned by the defendant corporation (and presumably driven by its agent). The plaintiff filed suit in the Supreme Court, Bronx County, seeking monetary compensation for personal injuries suffered in the accident. Prior to trial, the plaintiff filed a motion for partial summary judgment on the issue of liability. The trial court denied the plaintiff’s motion, and he appealed. On appeal, the plaintiff also sought review of the trial court’s denial of his motion to preclude the defendants from submitting an affidavit in opposition to his motion for partial summary judgment and/or to preclude them from testifying at trial.