In a matter brought before the Supreme Court of the State of New York, County of Niagara, Traub Lieberman Partners Lisa Rolle and Erin O’Dea represented Defendants—an environmental consulting company and an environmental remediation company—against Plaintiffs seeking to impose liability in this action arising out of an unwitnessed motor vehicle accident.
Plaintiff alleged that on the date the accident occurred, equipment utilized by the Defendants was traveling on the roadway. The Plaintiff claimed that the equipment traveling on the road caused her to slow down while operating her vehicle, causing her to be rear-ended by another vehicle traveling at excessive speed behind her.
The Plaintiff was unable to establish negligence on the part of the Defendants, let alone negligence that may be a proximate cause of the accident. Therefore, the motion for summary judgment was granted and all claims and cross-claims were dismissed.