Attorney Casey McCaffrey successfully obtained summary judgment on behalf of a third-party defendant driver in an action brought in Providence Superior Court.
The plaintiff was a passenger in a motor vehicle when her vehicle was suddenly rear ended by a city bus. Although the plaintiff passenger and driver both tried to get the attention of the bus driver, it is unclear whether the bus driver was actually aware that he had struck and dragged the plaintiff’s vehicle. Immediately following the accident, the driver of the motor vehicle called police. The injured plaintiff was transported by ambulance from the scene to a nearby hospital for treatment.
The plaintiff passenger filed suit against the defendant bus company alleging she sustained personal injuries as a result of the accident. The defendant bus company claimed that it had no record or knowledge of the accident, but filed a third-party Complaint seeking indemnification and contribution from the driver of the plaintiff’s vehicle.
Attorney McCaffrey argued in part that the bus company could not have it both ways and could not claim to be entirely unaware of the subject accident while also claiming that the driver of the plaintiff’s vehicle was negligent. Further, Attorney McCaffrey argued that defendant bus company failed to meet its burden of proving its indemnification and contribution claims against the third-party defendant and could not provide any evidence to create a dispute of material fact where it has clearly and unequivocally alleged that it was not involved in the accident and has no knowledge of the facts surrounding the accident.
The court agreed and granted summary judgment in favor of our client.
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