New York Car Accident Lawyer Blog
On March 12 of 2010, a school security guard was struck by the car of one of the parents while attempting to assist her with a traffic issue. He approached her car as she sat in the traffic line to drop off her child. After she pulled in, a school bus pulled in behind her. Her vehicle was blocked. The Westchester security guard approached her vehicle from the front. As he passed in front of her car, she inexplicably drove forward striking the security guard. He incurred a personal injury that resulted in a lawsuit against the woman and her insurance company, but also the owner of the car and their insurance company.
The car was owned by a vehicle leasing company. They had an internal policy against leasing cars to people with revoked or suspended driver’s licenses. Upon investigation, the security guard had discovered that the car had been leased by the woman’s boyfriend who had a restricted driver’s license. The security guard maintains that the company employee violated policy when he leased the car to the man. The man’s driving record clearly indicating that he was not a safe driver as per the standards set by the leasing company itself. The security guard believes that if the leasing company had not leased the car to the man in violation of their own internal policy, he could not have loaned it to his girlfriend, and she would not have hit him with it causing his injury.
The security guard maintains that he was injured so severely as to have to miss several days of work and suffering from injuries so severe that they have altered his lifestyle. He stated that he had a spine injury, head injury, hip and knee injuries that required surgery. He stated that he is no longer able to play ball with his grandchildren or to maintain a normal lifestyle.
The Bronx vehicle leasing company filed a motion for summary judgment based on the fact that they had no way of knowing that their leasing agent had taken it upon himself to violate policy and lease the car to the man with the restricted driver’s license. They maintain that they do not support the decision of their employee and that the employee was disciplined for his violation of policy. They maintain that they are not responsible for the accident and that the injured man will have to take his case up with the insurance company that the woman had personally. The company asked the court to direct that they be removed from the lawsuit and found to not hold any liability toward the security guard or his injuries.
The woman and her insurance company also requested that the court dismiss the case. Their contention being that the injured man had not made a sufficient case to demonstrate that he had suffered a severe injury as defined in the Insurance Law of New York State. In order for the injured man to have a case under this statute, he must be able to prove through certified and sworn medical testimony that he has lost the use of a body part, incurred a severe spinal injury or brain injury, or have been unable to perform his normal activities for 90 of the following 180 days after the accident.
The security guard produced numerous doctor reports, tests, and testimony to demonstrate that he had sustained a partial use of his leg from the knee injury. His medical witnesses also produced tests that demonstrated that he had been unable to perform normal activities for 90 of the 180 days for that claim. The court determined that the motion to relieve the rental car company of liability should be granted, but the motion to dismiss the claim against the woman and her insurance company will proceed to trial.
At Stephen Bilkis & Associates with its personal injury Lawyers, have convenient offices throughout New York and Metropolitan area. Do not lose monetary compensation. Our knee injury lawyers can provide you with advice to guide you through difficult situations. Without a spinal injury attorney, you could lose precious compensation to help your family.