Summary Judgment for Oil Company in Suit Over Motor-Vehicle Accident
John McCusker, with the assistance of Suzanne Murphy and Michael Futterman, recently won summary judgment on all claims on behalf of a Fortune 50 oil company in a case in which an infant suffered serious injuries in a motor vehicle collision on the Grand Central Parkway in Queens County, NY. The plaintiff alleged that the company was responsible because it allegedly controlled the acceleration lane where the accident occurred. The court, however, agreeing with MARC’s attorneys, noted that the New York Court of Claims, in a prior decision, found New York State 100 percent liable. Because the same issues in this case were also before the Court of Claims and the plaintiff had an opportunity to contest those claims, the court held that the plaintiff was collaterally estopped from arguing negligence by MARC’s client.