In the case of Fernandez v. Doris Moreno, et. al., Lynch Schwab clients Nancy Hurdle and Candice Logan were awarded summary judgment following discovery. The remaining defendants in the case did not move for dismissal, and the case is still proceeding against them.
The Plaintiff alleged personal injuries stemming from a motor vehicle accident that occurred in 2009 on the Henry Hudson Parkway in Manhattan. The events leading to the litigation began when the Hurdle vehicle, operated by defendant Logan, was rendered inoperable when a large SUV swerved into the path causing a collision. The Hurdle vehicle spun out of control and came to rest on the remaining portions of the roadway's shoulder. Thereafter, a vehicle operated by co-defendant Jason Herrera collided with the Hurdle vehicle, and then a taxi vehicle operated by the co-defendant Mostaf Monsour collided with the Herrera vehicle. A vehicle operated by Kevin Espinosa, whom the Plaintiff was a passenger, then collided with the taxi.
The Court found that there was a significant passage of time from the moment of the Hurdle vehicle being involved in an accident and the plaintiff's involvement. The Court held that the proximate cause of Plaintiff's injury was not the Hurdle vehicle, but rather the actions of Vasquez and the taxi. As a result, Hurdle and Logan were dismissed from the lawsuit.
Fernandez v. Doris Moreno, et. al., (Bronx County 2012)
109 South Warren Street
Syracuse, NY 13202
222 Bloomingdale Road
White Plains, NY 10605
1441 Route 22
Brewster, NY 10509
17 Elk Street
Albany, NY 12207