Practice point: The injured plaintiff exited the livery vehicle, and, while he was standing behind it, next to the vehicle's driver, he was struck by another vehicle. Plaintiff sued, among others, the livery vehicle's driver.
By submitting evidence that he parked at the curb and thus provided plaintiff with a safe place to exit, defendant established prima facie that he satisfied his duty of care. Plaintiff, however, raised a triable issue of fact as to defendant's negligence by submitting evidence that he did not park alongside the curb, but at a distance from it.
The Appellate Division affirmed the denial of defendant's summary judgment motion.
Student note: As a common carrier, defendant owed a duty to plaintiff to stop at a place where he could exit safely and leave the area.
Case: Meyers v. Delancey Car Serv., Inc., NY Slip Op 03508 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: A Labor Law claim, hoisting equipment, and fork-lift trucks.
