Scooter operator’s case derailed by her 50H and deposition testimony

Reyes v. Roussos, et al., Supreme Court, Bronx County, Index No. 350352/08

Click on this link to view additional information in pdf format

Bronx County Supreme Court Justice Larry S. Schachner granted summary judgment to AGF&J client/defendant Victor Roussos, dismissing the personal complaint against him in its entirety. Plaintiff alleged she had sustained a right tibia/fibula fracture as a result of an alleged fall from her scooter while riding on the sidewalk in front of the insured’s premises located in Bronx, New York.

On a motion for summary judgment as to the issue of liability, Associate Dennis J. Monaco contended that plaintiff’s own testimony at both her 50H hearing and court-ordered deposition showed that she did not know what caused her to fall from her scooter. Plaintiff did not indicate that there was a defect in the sidewalk that caused her scooter to turn suddenly or caught her foot. Thus there was no evidence to establish a question of fact that any claimed “bump/defect” in the sidewalk was a proximate cause of her alleged accident.

Further, the Court rejected plaintiff’s Affidavit submitted in opposition to the motion on the grounds that it was prepared seven (7) years post-accident and contradicted plaintiff’s sworn testimony given on two (2) prior occasions.