Iaconis Fusco, LLP’s Joseph P. Fusco, Rosemarie Iaconis, and Bernadette Dono recently won summary judgment in a motor vehicle accident case, Nia Kornegay v. Tiffany Levona Farrar, Richard Barry, J.B. Hunt Transportation, Muhammad Hasan and Lyft, Inc.; Bronx County Supreme Court (Index No.: 24166/2019E).

This action arose out of a three-vehicle accident that occurred on December 13, 2018, on the Bruckner Expressway. Plaintiff was a passenger in the Hasan Vehicle which was driven by defendant Hasan in the left lane. Defendant Farrar was traveling southbound on the Bruckner Expressway in the right lane (the Farrar Vehicle). The Farrar Vehicle collided with a truck owned by J. B. Hunt and operated by defendant Barry (the J.B. Hunt Vehicle). This impact caused the Farrar Vehicle to lose control, spin, and collide head-on with the Hasan Vehicle in the left lane.

Plaintiff testified that, at the time of the accident, the Hasan Vehicle that she was riding was in the left travel lane. Just prior to the accident, plaintiff observed the Farrar Vehicle travelling in the far right merge lane onto the Expressway, and saw the J.B. Hunt Vehicle in the right lane. Suddenly plaintiff looked up and saw the Farrar Vehicle spinning out of control across lanes towards her vehicle. The Farrar Vehicle impacted the Hasan Vehicle twice.

Defendant Hasan testified that, at the relevant time, he was traveling in the left lane of the Expressway. He initially observed the J.B. Hunt Vehicle in the middle lane. Defendant Barry testified that the J.B. Hunt Vehicle was dragging the Farrar Vehicle, which was perpendicular to the truck, for about ten seconds. Following the impact between the truck and the Farrar Vehicle, the Farrar Vehicle lost control and hit the Hasan motor vehicle twice. As the Farrar Vehicle spun out of control, defendant Hasan honked his horn and slowed his vehicle. Defendant Hasan speculated that defendant Barry was not paying attention or was drowsy, and defendant Farrar was confused by the exit. Defendant Hasan stated that defendant Farrar did not brake or attempt to steer her motor vehicle to avoid hitting his car.

Here, the court found that Hasan made a prima facie showing of his entitlement to summary judgment by his and plaintiff’s statements, including, inter alia, that he was lawfully proceeding straight in the left lane, when the other vehicle entered his lane and stuck him head on. He also testified to that he made evasive efforts to prevent the accident, honking his horn and stopping his vehicle when it was safe. The court noted that the uncontradicted submitted evidence demonstrated that Hasan had the right of way, and was unable to avoid the collision and that his actions were not negligent. Moreover, the court found that Hasan demonstrated that the other defendants were solely responsible for the accident and he had a nonnegligent explanation for striking the Farrar Vehicle.