Heather Ragone Secures Summary Judgment and Dismissal of Claims for National Commercial Motor Carrier in Kings County Collision Case

Heather Ragone successfully secured summary judgment in Kings County Supreme Court on behalf of a national commercial transportation client in a motor vehicle accident case involving disputed permissive use and vicarious liability.

The action arose from a Winter 2024 rear-end collision on the Gowanus Expressway in Brooklyn. Plaintiff alleged that a tractor-trailer operated by an independent contractor and owned by a co-defendant motor carrier struck his vehicle. GVK’s client was named as a defendant solely because the tractor was pulling a trailer bearing the client’s license plate at the time of the accident.

In moving for summary judgment, Heather argued that the co-defendants had utilized the client’s trailer without their knowledge, consent, or authorization. Through a detailed review and presentation of the co-defendant’s internal business records, including load histories and bills of lading, together with an affidavit from a corporate representative, Heather established that the trailer had not been authorized for use on the date of the accident. The evidence further demonstrated that GVK’s client had no contractual or business relationship with the co-defendant carrier or its driver, and that the load being transported belonged to an unrelated shipper.

In opposition, plaintiff relied on the presumption of permissive use under New York Vehicle and Traffic Law § 388 in an effort to impose vicarious liability on the trailer owner. The Court, however, agreed that the documentary evidence sufficiently rebutted the presumption, finding that the client’s equipment had been used without its consent or authorization. The Court also determined that the Graves Amendment preempted the imposition of vicarious liability under VTL § 388 against the client as a remote vehicle owner and lessor.

Accordingly, the Court granted summary judgment and dismissed the Complaint against GVK’s client, securing a favorable result in a case involving topics of permissive use, equipment ownership, and statutory liability.

Congratulations to Heather Ragone on this successful result and her outstanding advocacy on behalf of our client!