Carman, Callahan & Ingham Is Awarded Summary Judgment

Carman, Callahan & Ingham Is Awarded Summary Judgment

In the case of Baker v. Gill, the Plaintiff commenced an action to recover against CC&I’s client, a motorist, for severe injuries, including a traumatic above the knee amputation. CC&I’s client maintained a $2,250,000 policy of insurance. Prior to the accident, CC&I’s client brought his vehicle to a complete stop behind two stopped vehicles that were in a separate accident. During the course of litigation, CC&I conducted multiple depositions throughout the State of New York and engaged the services of an accident reconstructionist to establish that their client was not liable for this accident. The Plaintiff maintained the position that CC&I’s client was liable for the accident involving their client based upon violations of the VTL, including the failure to activate his hazard lights (VTL 1163) and for an improper stop in the roadway (VTL 1201). CC&I was able to establish that their client did not have ample time to activate his hazards before the accident and that the roadway did not provide a large enough shoulder for him to pull off the roadway. In doing so, the Court granted CC&I’s motion, and dismissed the action as against their client.