Cullen and Dykman’s Construction Group Wins Trifecta of Summary-Judgment Motions for the Firm’s Transit Clients

Cullen and Dykman Construction Group Partners Althea W. Harris, Patrick M. Caruana, and Steven Capobianco, along with Associate Rachel Pillet, successfully secured dismissals and summary judgment in three separate personal injury actions on behalf of the Firm’s transit clients, involving allegations of serious injury and negligence arising from bus-related accidents.

In the first action, Partners Althea W. Harris and Patrick M. Caruana obtained a dismissal of a personal injury negligence action on behalf of the Firm’s transit clients in a bus accident case. Plaintiff claimed “serious injuries” under the New York Insurance Law after his motor vehicle was struck from behind by a bus. We argued that despite being rear-ended, the plaintiff did not sustain a “serious injury” under Insurance Law section 5102(d) because, based on the plaintiff’s testimony and expert reports, the plaintiff’s injuries were minor at best.  The court agreed holding that “Defendants have met their prima face burden demonstrating that plaintiff did not sustain permanent consequential or significant limitations through plaintiff’s medical records demonstrating a one-year gap in his treatment…” 

In the second action, Partner Steven Capobianco and Associate Rachel Pillet won a summary judgment motion in a personal injury action where plaintiff claimed “serious injury” to multiple body parts while exiting a bus when she tripped and fell over a bus’s ascending wheelchair ramp that she claimed moved without warning.  The court agreed with our argument that plaintiff did not sustain a “serious injury” under Insurance Law section 5102(d) because, despite that she claimed to have sought immediate medical treatment, plaintiff’s medical records showed that she did not seek treatment for the alleged accident until a month later. “As plaintiff failed to explain the gap in treatment, causation cannot be established.”

In the third action, Partners Patrick M. Caruana and Steven Capobianco obtained a dismissal of plaintiffs’ complaint and co-defendants cross-claims against the Firm’s transit clients in a multi-vehicle accident.  We argued that the on-board bus video conclusively demonstrated that the bus operator was free from negligence.  We argued that the objective video evidence shows that a stolen vehicle driven by a co-defendant lost control of his vehicle, crossed a double-yellow line, and struck the client’s bus (and other vehicles).  The court agreed and dismissed plaintiff’s complaint and all cross-claims against the transit clients. 

About Cullen and Dykman LLP

Cullen and Dykman LLP is a full-service law firm that clients have trusted to deliver top-tier, cost-effective legal services since 1850. With nearly 200 attorneys in eight offices, the firm serves clients across the Eastern United States and is strategically positioned to meet their changing needs and demands.