Wade Clark Mulcahy LLP

<span style="font-family: Calibri; font-size: medium;">In order to prevail in a negligence action, a plaintiff must prove that the defendant’s actions or omissions were the proximate cause of the accident causing injury. Although there can be more than one proximate cause of an accident, the defendant’s negligence must be a substantial cause of the plaintiff’s injuries.  Although a proximate cause determination is usually considered a fact question for the jury, a court may decide this issue if only one conclusion can be drawn from the facts.</span>
<span style="font-family: Calibri; font-size: medium;"> </span><span style="font-family: Calibri;"><span style="font-size: medium;">In <a href="http://blog.wcmlaw.com/wp-content/uploads/2016/01/Canals-v-Tilcon-NY-Inc.pdf" rel=""><em>Canals v Tilcon NY, Inc</em>.</a></span><span style="font-size: medium;">, the plaintiff was riding his bicycle north on a two-lane highway when he came upon a flag person at a construction site where Tilcon was the general contractor.  The plaintiff contended that the flag person, who was looking north, waved on the northbound traffic to proceed.  A northbound car proceeded and approached his bicycle “too close” causing him to veer his bicycle into a trench and sustain injuries.</span></span>
<span style="font-family: Calibri; font-size: medium;"> </span><span style="font-family: Calibri; font-size: medium;">Tilcon successfully moved for summary judgment on the grounds that plaintiff did not establish that the flag person’s actions were the proximate cause of plaintiff’s injuries.  On appeal, the Second Department found that at most, the flag person furnished the condition for plaintiff’s accident, but ultimately the driver 's and the cyclist's actions were the proximate cause.  As such, there was no triable issue of fact.</span>
Thanks to Sheree Fitzgerald for her contribution.
For more information, contact Denise Fontana Ricci at <a href="mailto:dricci@wcmlaw.com">dricci@wcmlaw.com</a>.
<span style="font-family: Calibri; font-size: medium;"> </span>
&nbsp;