Not All Accidents are Created Equal

Qahramon Navruzov. v. Mohamed Ali Merghoub, Raiser-NY, LLC, Uber Technologies, Inc., Uber USA, LLC, and Chi Kwan Ho; Index No.: 015149/2018; (April 25. 2022)

This case arose out of two motor vehicle accidents. Our client was involved in the first accident, wherein the Plaintiff's vehicle slid out of control on a snowy evening in New York City. While our client and Plaintiff were waiting for police to arrive at the scene of the accident, co-defendant struck Plaintiff’s parked vehicle in the rear.

Iaconis Fusco, LLP successfully argued: (1) that our client merely furnished the occasion for the occurrence, but did not cause the second accident; and (2) the applicability of the emergency doctrine to the facts at-hand—namely that our client was faced with a sudden and unexpected circumstance, wherein his actions were reasonable and prudent in the context of the emergency.

After oral argument, the court found that our client was not causally liable for either of the accidents and dismissed all causes of action as against our client.