Brooks v New Dawn Tr. LLC

Annotate this Case

Download PDF

Brooks v New Dawn Tr. LLC 2020 NY Slip Op 34405(U) December 10, 2020 Supreme Court, Kings County Docket Number: 519486/2017 Judge: Wayne P. Saitta Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] KINGS COUNTY CLERK 01/19/2021 04:31 PM INDEX NO. 519486/2017 NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 01/19/2021 At an lAS Term, P(lrt 29 of the Supreme Court of the Stat~ of New York, held in and for the C6unty of Kings, at 360 Adams Street, Brooklyn, New York, on 10th the day of December, 2020. PRESENT: Hon. Wayne P. Saitta, Justice. ---------------------------------------------------------------------J( MATIIE BROOKS, Plaintiff, Index';No.519486/2017 -against" DECISION AND ORDER i; NEW DAWN TRANSIT LLC, RAINBOW TRANSIT INC., FEDERALAUTOMOTICE SERVICES INCORPORATED, HALMON MILLER, AWA GNING, JEAN MAYO, . MV TRANSPORTATION, INC., AUTUMN LEMONS, NEW YORK TRANSIT AUTHORI1Y, METROPOLITAN TRANSPORTATION AUTHORI1Y, MTA NYC TRANSIT, PARATRANSIT DIVISION, AND ACCESS-A-RIDE, Defendants. --------------------------------~------------------------------------J( The following papers numbered NYSCEF DOC. NO. 54-119 read herein: Notice of Motion ~_ Affirmation in Support 54 _ 55 Memo of Law in Support _ 56 Affirmation in Opposition _ 89 Reply _ 119'" Exhibits _ 57-74, 76, 90 i!" This action involves a three-car accident in which Defendant-movant AUTUMN LEMONS was hit in the rear while Plaintiff was a passenger • in her vehicle. LEMONS and . !i Ii Co-Defendants MV TRANSPORTATION, INC., AUTUMN LEMONS, NEW YORK TRANSIT AUTHORITY, METROPOLITAN RANSPORTATION AUTHORI1Y, MTA NYC ., 1 of 8 [*FILED: 2] KINGS COUNTY CLERK 01/19/2021 04:31 PM NYSCEF DOC. NO. 142 INDEX NO. 519486/2017 RECEIVED NYSCEF: 01/19/2021 2 of 8 r'1----------------------.,..----------------------INDEX NO. 519486/2017 [* 3] FILED: KINGS COUNTY CLERK 01/19/2021 04:31 PM NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 01/19/2021 TRANSIT, PARATRANSIT DIVISION, and ACCESS-A-RIDE, move for summary judgement on the ground that LEMONS was not negligent when she was hit in the rear by Defendants AWA GNING and HALMON MILLER. ii LEMONS was driving an access-a-ride vehicle which Plaintiff claims was owned or operated by the other moving Defendants. The summary judgment should be granted because even though there are some ,i questions as to the actions of GNING and MILLER, it is uncontested that both struck struck her vehicle from behind. LEMONS further testified that the school bus was behind her in the service lane of Linden Boulevard and the blue car was' on the main road of Linden Boulevard. Cross-claimant GNING testified that on the day of the accident, she was in the 'I middle lane of the main road of Linden Boulevard and the school bus was next to her in the right lane. Cross-claimant GNING further testified that the sc~ool bus hooked onto her and dragged her over the median into the service lane where she made contact with 'i the rear of the access-a-ride vehicle. Cross-claimant MILLER testified that he was in the right laJeII of the main road of d " Linden Boulevard and the blue car was next to him in the middle lane. Cross-claimant MILLER also testified that the blue car merged into his lane striking'him and causing him 3 of 8 [*FILED: 4] KINGS COUNTY CLERK 01/19/2021 04:31 PM INDEX NO. 519486/2017 NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 01/19/2021 , 4 of 8 ' [*FILED: 5] KINGS COUNTY CLERK 01/19/2021 04:31 PM INDEX NO. 519486/2017 NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 01/19/2021 to cross over the median into the service lane where he came into cdntact with the rear of the access-a-ride vehicle. 'I The co-defendants have not opposed the motion. Plaintiffi opposes the motion I ,I claiming that LEMONS did not take reasonable action to avoid the1accident, specifically that LEMONS did not apply the brakes, did not move the steering wheel, and that she possibly accelerated the motor vehicle before impact. However, LEMONS testified that she did accelerate as it was her only option to avoid being hit from behind because she was in the service lane bounded by a raised median and a parking lane. She stated that had she applied her brakes, the other cars would have hit her. LEM0NS testimony in this I: point was not contradicted by any party. "'A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault ill'the happening of the subject accident'" (Heaney v. Kahn, 180 AD3d 1018,1019 [2d Dept 2620], quoting Boulos v. Lerner-Harrington, 124 AD3d 709, 709 [2d Dept 2015].). "'A driver of a vehicle ,I approaching another vehicle from the rear is required to maintain ,I a reasonably safe distance and rate of speed under the prevailing conditions to avdid colliding with the =1 other vehicle'" (Jimenez v. Ramirez, 171AD3d 902, 903 [2d Dept 2019, quoting Nsiah- Ababio v. Hunter, 78 AD3d 672,672 [2d Dept 2010].). A rear-end coUision with a stopped or stopping vehicle establishes a prima facie case of negligence on th'~ part of the operator of the rear vehicle (Capuozzo v. Miller, 2020 N.Y. Slip Op. 07026 [2p, Dept 2020, quoting 5 of 8 [*FILED: 6] KINGS COUNTY CLERK 01/19/2021 04:31 PM NYSCEF DOC. NO. 142 INDEX NO. 519486/2017 RECEIVED NYSCEF: 01/19/2021 6 of 8 [*FILED: 7] KINGS COUNTY CLERK 01/19/2021 04:31 PM INDEX NO. 519486/2017 NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 01/19/2021 road since turning off of Rockaway Avenue onto Linden Boulevard or crossed over the ii median after colliding with the blue car is relevant to the negligence'iof the school bus and the blue car, it is not relevanfto whether LEMONS was negligent. 1* either version of the il depositions, the access-a-ride vehi~le was hit from behind while in the service road which was bounded by a raised median and a parking lane and thus there was nowhere for her ,I to turn to avoid the accident. In either version, since LE.MONS was hit from behind, accelerating rather than braking does not constitute negligence. WHEREFORE, it is ORDERED that Defendants MV TRANSPORTATION, INC., " AlITUMN LEMONS, NEW YORK TRANSIT AUTHORITY, ., METROPOLITAN , !: '"' TRANSPORTATION Ii AUTHORITY, MTA NYC TRANSIT, PARATRANSIT DIVISION, AND ACCESS-A-RIDE are granted summary judgment dismissing' Plaintiff's complaint as against them; and it is further ORDERED that Defendants MV TRANSPORTATION, INC.,':AUTUMN LEMONS, ii" NEW YORK TRANSIT AUTHORITY, METROPOLITAN iiTRANSPORTATION .j AUTHORITY, MTA NYC TRANSIT, PARATRANSIT DIVISION, AND ACCESS-A-RIDE are granted summary judgment dismissing Cross-Claimants RAINBbW TRANSIT INC.'S, ji NEW DAWN TRANSIT LLC'S, AWA GNING'S, JEAN MAYO'S, AND'HALMON MILLER'S cross-claims as against them. ENTER, ~ J.S.C. 7 of 8 [*FILED: 8] KINGS COUNTY CLERK 01/19/2021 04:31 PM NYSCEF DOC. NO. 142 INDEX NO. 519486/2017 RECEIVED NYSCEF: 01/19/2021 8 of 8

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.