Long Island bus accident victim entitled to summary judgment on the issue of liability
Campbell v County of Suffolk
In this Long Island bus accident case, the plaintiff Susan Campbell was a passenger in a motor vehicle when it was struck by a bus owned by the defendant County of Suffolk and operated by defendant Peggy Costello. Plaintiff sustained injuries and commenced this lawsuit against the County and Costello to recover damages for personal injuries. Plaintiff moved for summary judgment on the issue of liability and submitted evidence demonstrating entitlement to judgment by establishing that her vehicle was traveling northbound on County Road 51 when the bus, traveling southbound, crossed over the median and struck plaintiff’s vehicle head on. Supreme Court granted plaintiff’s motion for summary judgment on the issue of liability.
Defendants then appealed this decision but failed to raise a triable issue of fact. Costello admitted at her deposition that she swerved to avoid a nearby truck but also stated that she saw the entire truck in her side view mirror which would suggest that the truck was not dangerously close. Since defendants failed to raise an issue of fact as to whether Costello was faced with an emergency not created by her own actions, the plaintiff was entitled to summary judgment.
Accordingly, the Court affirmed the judgment, with costs.
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Tags: bus accident, Long Island bus accident, personal injury