October 2019 E-Newsletter

Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice

Court Clears Way for Plaintiff Lucas Sanchez to
Seek Damages for Injuries Suffered

A Nassau County State Supreme Court has allowed Lucas Sanchez to move forward to seek damages from injuries he sustained from being hit in the rear by a car as he was driving. In a detailed decision, Supreme Court Justice Karen V. Murphy granted Mr. Sanchez summary judgment against Defendant Robert C. Gullo as a matter of law.

On October 17, 2016 at approximately 1 p.m., Mr. Sanchez was driving westbound on Fulton Avenue in the Town of Hempstead, County of Nassau. Mr. Sanchez was stopped at a red light and intended to make a right-hand turn onto North Franklin Street. When the traffic light at the intersection turned green, Mr. Sanchez did not place his foot on the accelerator because he anticipated that a pulled-over cab, which had just picked up passengers, would attempt to proceed in front of his vehicle. This is precisely what occurred: the cab went in front of Mr. Sanchez's vehicle. Suddenly and without any warning Mr. Sanchez was hit in the rear by a pickup truck driven by the Defendant, Mr. Gullo.

As a result of being struck by the pickup truck, Mr. Sanchez suffered serious injuries, including, but not limited to, disc bulge with extruded central disc herniation at L4 L5; central disc herniation at LF S1; bilateral L4-L5 radiculopathy; sprain of ligaments of lumbar spine; sprain of ligaments of cervical spine; C4 C5 disc protrusion; loss of range of motion; lumbar paraspinal muscle spasms; and cervical paraspinal muscle spasms with loss of lordosis.

Justice Karen Murphy wrote in her decision that the "defendant has not offered a non-negligent explanation for the rear-end collision[.]" Judge Murphy also stated that "the Court is not persuaded that defendant maintained a safe distance by stopping five feet behind the plaintiff. Moreover, the defendant observed a taxi cab pull over to let a passenger out at the curb. As such, he should have been aware of the potential hazard presented by the cab reemerging into traffic."

Accordingly, Judge Murphy held that the "defendant failed to raise a triable issue of fact” and "plaintiff's motion seeking summary judgement on liability is granted." Frederick K. Brewington and Julissa Proaño from the Firm represented Mr. Sanchez on this motion.

Click here to view the Decision of the Court.

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