ASSOCIATE ANTHONY J. RUGGERI AND PARTNER STEVEN M. O'CONNOR WIN SUMMARY JUDGMENT

Associate Anthony Ruggeri and Partner Steven M. O’Connor were granted summary judgment on liability in the matter Fang Ping Wu v. Farmington Motor Sports, et al, Eastern District Of New York, Case No. 22-CV-05041. This matter involved a motor vehicle accident where the defendant’s dashcam caught video footage of plaintiff drifting from his lane into the side of the defendant truck. To avoid a catastrophic accident in striking the tractor trailer located to the right of the defendant truck, the defendant driver countersteered to the right. As a result of the collision, the hitch holding the defendant’s trailer snapped, causing the trailer to come free and strike the back of the plaintiff’s vehicle. In dismissing the case, Judge Merchant of the Eastern District found that the defendant driver’s action were entirely reasonable given the emergency situation created solely by plaintiff, and that plaintiff was the sole proximate cause of this accident. As a result, she held that under no reading of the facts could the defendant be held liable, and dismissed plaintiff’s claim.