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New York Partner Obtains Summary Judgment in Pedestrian Death Case

New York partner Christopher A. McLaughlin won summary judgment in the Supreme Court, State of New York, Nassau County, in a wrongful death automobile case.

The case involved a plaintiff pedestrian who was crossing a street at 5:15 am, mid-block, wearing dark clothes who was struck and killed by our client’s insured driver. Evidence established the client’s insured motorist was driving at approximately 25 mph, a mere second before the impact. The driver attempted to steer left away from the pedestrian to avoid impact and applied the brakes, but could not avoid striking the pedestrian. At that time the insured driver immediately exited the vehicle, administered CPR to the pedestrian at the scene and fully cooperated with the first responder at the scene. However, the pedestrian died before arriving at the hospital.

The driver later testified at a Department of Motor Vehicles hearing and a subsequent deposition to the same facts. Following, it was found that there was no evidence of negligence on the part of the client’s defended driver.

Chris immediately engaged his client’s insured driver following the accident (pre-suit), enabling better recall that ultimately helped steer the case toward a successful motion for summary judgment on December 17, 2019.