Practice point: A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he or she was not at fault in the happening of the accident.
Student note: There can be more than one proximate cause of an accident, and, generally, it is for the trier of fact to determine the issue of proximate cause.
Case: Hurst v. Belomme, NY Slip Op 05849 (2d Dep't August 24, 2016)
Here is the decision.
Tomorrow's issue: Liability for an independent contractor's negligent acts.
