DATTILO v. BEST TRANSPORTATION INCORPORATED

3775, 107350/06.

79 A.D.3d 432 (2010)

913 N.Y.S.2d 163

TONI ANN DATTILO, as Administratrix of the Estate of SALVATORE DATTILO, Deceased, Appellant, v. BEST TRANSPORTATION INCORPORATED et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 2, 2010.


Plaintiff's decedent's motorcycle struck the rear of the Guaman car in the middle lane on the approach to the upper level of the George Washington Bridge. The decedent was thrown from his motorcycle into the path of a tractor-trailer driven by Worley, which was in the left lane.

Where evidence of the cause of an accident is undisputed, the question whether any act or omission of the defendant was the proximate cause is for the court and not the jury (D'Avilar v...

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