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Connors, Shusterhoff and Strain Obtain Dismissal for Client Rear-Ended in Accident

April 3, 2019
Douglas Connors (Partner-Stamford), Samuel Shusterhoff (Associate-Stamford) and Andrea Strain (Associate-Stamford) obtained a dismissal in the New York State Supreme Court for the County of Dutchess in a lawsuit and cross-claim brought against our clients, a medical transport company and its driver, by the passenger our client was transporting, and a co-defendant who rear-ended our clients’ vehicle. Through depositions and discovery, Douglas and Andrea were able to establish that our clients were not at fault and that there was not a non-negligent explanation for the collision, which set up the argument for the motion for summary judgment. Douglas and Samuel argued that there is a prima facie case of negligence on the part of the other defendant as our clients’ vehicle was the one rear-ended, and neither the plaintiff nor the co-defendant had come forward with any evidence of a non-negligent explanation for the collision in order to rebut the inference of negligence. The court agreed with our argument and granted the motion for summary judgment, dismissing the complaint and all cross claims.

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