Court Decides Car Accident Liability Issue
Kings County Personal Injury 125
The plaintiff in the case is Don J. Peters and the defendant in this case is the City of New York, et al. The other plaintiff in the case is Charlene Cowan and the defendant in this case is the City of New York, et al.
About the Case
A New York Injury Lawyersaid this case consists of action one and action two, which are related actions. Action one is titled Peters versus City of New York and action two is titled Cowan versus City of New York.
The plaintiff in the first action, Peters, is seeking an order that strikes the answers of the City of New York and the New York City Health and Hospitals Corporation from action number one and also to allow him an extension of time to file a statement of readiness and a note of issue. He also seeks a summary judgment for to dismiss the complaint made against him by Cowan.
The plaintiff in action two, Charlene Cowan, is seeking an order that seeks to strike the answers provided by the City of New York and the New York City Health and Hospitals on the basis that they failed to comply with the previous orders of the court. In alternative, a Brooklyn Personal Injury Lawyer said Cowan seeks to extend her time to file and serve a note of issue until the defendants have complied with the order.
Peters, is a defendant in the second action and makes a cross motion for an order to strike the answers provided by the City and NYCHHC or to preclude them from offering any testimony if action two comes to trial.
Faiz Ahmed, another defendant in the case also makes a cross motion to order that the answers given by the City and NYCHHC are removed or precluded from offering testimony when action 2 comes to trial. A Bronx Personal Injury Lawyer said he also wishes to dismiss any cross claims that are made by the defendants against him in this action.
Both the City and NYCHHC cross move for a summary judgment to dismiss Peter’s complaint against them in the first action.
The reason for the case is the result of an accident that occurred on the 17th of June in 1994 when Peters was driving near the Eastern Parkway intersection and collided with a vehicle that was being driven by Ahmed.
An ambulance stopped at the scene of the car accident and placed flairs around the vehicles. While the two paramedics were moving Peters via stretcher to the ambulance, a Jeep that was owned by Karen Ford and driven by Keith Church-Ford, struck Peters car, which propelled it towards the ambulance causing injury to one of the paramedics, further injuring Peters, and killing the other paramedic. Church-Ford was intoxicated at the time of the accident.
Peters began the first action against the City, NYCHHC, Karen, Ahmed, and Church-Ford, seeking damages for the personal injuries that he sustained in the accident.
After reviewing the facts of the accident and the case, the Court denies all actions against the City and NYCHHC for their failure to comply with discovery. The cross motions by the City and NYCHHC seeking summary judgment to dismiss the cases against them are granted. The motion by Peters to dismiss the complaint against him made by Cowan is granted. The cross motion of Ahmed that seeks summary judgment is denied.
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