Practice point: As there can be more than one proximate cause of an accident, a plaintiff must establish, prima facie,
not only that the defendant was negligent, but that the plaintiff was
free from comparative fault. Typically, the issue of comparative fault is a question for the jury.
Student note: In determining the motion, evidence must be viewed in
the light most favorable to the nonmoving party, and all reasonable
inferences must be resolved in its favor.
Case: Adams v. Bruno, NY Slip 00319 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Trivial defects.
