SACS Appellate Group Obtains Summary Judgment Dismissing Complaint In Wrongful Death and Catastrophic Personal Injury Claim
In Roberto Rodriguez, et al., v. Alexander Palacio, City of New York, et al., Index No. 28861/2011 (Sup. Ct. Queens Co.) (Balter, J.), a wrongful death and catastrophic personal injury case arising out of a single vehicle crash just off the Queensboro Bridge, we were successful in obtaining summary judgment dismissing the plaintiff’s complaint and all cross claims against our client, LiRo Engineers, Inc. Among other things, the Court agreed with our arguments that: (1) the co-defendant driver’s negligence was the sole proximate cause of the accident; (2) his version of the accident was “not credible as a matter of law”; (3) plaintiff’s accident reconstruction expert’s supporting affidavit was insufficient to raise an issue of fact with its criticisms; and (4) plaintiff’s expert’s assertions were furthermore “belied by the record”. This decision, entered on August 2, 2018, is yet another example supporting our consistent emphasis on the tactical importance of summary judgment in New York and the value of involving appellate counsel at this phase of litigation. Tim Capowski, John Watkins and Christopher Theobalt principally briefed the successful motion.