Fullerton Beck Successfully Defeats Plaintiff’s Summary Judgment Motion in Rear-End Collision Case

Fullerton Beck successfully opposed a motion for summary judgment filed by a plaintiff in a rear-end collision accident on a major highway. Partners Philip DeNoia and Edward Guardaro recently represented an insured client in the case, in which the plaintiff’s counsel filed an early motion for summary judgment on liability prior to depositions. Such motions in New York rear-end collision cases often lead to early liability in favor of plaintiffs, with post-judgment interest running until trial. For this reason, successfully opposing this motion was a critical achievement for our client.

Fullerton Beck argued that a genuine question of fact precluded the granting of summary judgment. Affidavits from both our insured and a non-party witness, who was in the insured vehicle at the time of the accident, presented a version of events that conflicted with the plaintiff’s account. This conflicting testimony was crucial in raising material questions of fact, which prevented the court from ruling in favor of the plaintiff at this stage.

This outcome demonstrates that plaintiffs do not always prevail in rear-end collision cases. Our team’s early investigation and thorough preparation, including Ed’s compelling oral argument, led to the motion’s successful defeat. This result highlights the importance of a strategic defense, even in cases where liability might seem inevitable.

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