4/10/2010
Rivera v. Meadowbrook Farms
Plaintiff was riding his bicycle when he was struck and killed by co-defendant’s delivery van. Approximately one hour before the accident, defendant Meadowbrook Farms delivered one of its tractor trailer trucks to a repair shop in the vicinity of the accident. During that hour, the truck was illegally parked on the street. Plaintiff argued that the truck obstructed the view of the van ultimately causing the accident. Andrea Sacco Camcho successfully argued that the truck was not a proximate cause of the accident and there was insufficient evidence to establish that it blocked the view of the van driver. The court below agreed with Ms. Camacho and dismissed all claims against Meadowbrook Farms. Plaintiff appealed. After hearing argument, the First Department agreed with Ms. Camacho and affirmed the lower court’s decision granting Meadowbrook Farms summary judgment.