An interesting decision was made in Cattan v. Sutton, 2014 Slip Op 05764 (8/13/14). The case involved an automobile accident in which Defendant made a motion for summary judgment. The full case can be read at the aforementioned site. The ruling in this case points to the fact that a driver having the “right of way” does not necessarily mean that the driver is exempt from being a proximate cause of an accident. The possibility exists that there can be more than one proximate cause of an accident. It is important to note that a duty for each driver exists. That duty is to see what there is to be seen through the proper use of the driver’s senses. This duty exists even when the driver has the “right of way.”
This ruling is important in evaluating a personal injury case stemming from an automobile accident. Just being injured by another driver who engaged in improper conduct on the road is not enough. Comparative fault must be eliminated. By doing so, a Plaintiff’s case is made stronger and the likelihood of success is increased.
As always, if you have been in an automobile accident and seek the assistance of an experienced attorney, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 today to schedule a free consultation!
Broker sought to recover commission or finder’s fee of $1,250,000.
A NY Broker, who was not registered or licensed as real estate broker in Florida, brought an action against the purchaser of real property in Florida seeking to recover a brokerage commission or finder’s fee of $1,250,000. Plaintiff alleged that it was the procuring cause of Defendant’s $50 million real estate purchase and was entitled to a 2.5% commission.
It does appear that the Plaintiff was substantially involved with the location and procurement of the property. However, the Court granted the defendant’s motion to dismiss. The Court found that Florida law applied, since the subject transaction involved Florida real estate owned by Florida entities and the broker seeking a commission performed acts in that jurisdiction. The Florida Real Estate Licensing Act prohibits a person from operating as a broker or sales associate without being the holder of a real estate broker’s license. Moreover, finders must also be licensed under Florida law.
Therefore, the Court found that neither the plaintiff nor the broker in question was registered or licensed as a real estate broker in Florida and that precluded payment of a commission.
HALSTEAD PROPERTY LLC, Plaintiff, v. THOR URBAN INVESTMENTS LLC, Defendant.
In January of 2014, the Appellate Division affirmed a summary judgment for the defendant in Lee v. D. Daniels Contr., Ltd., 2014 NY Slip Op 00487. This case centered around an interesting question, to wit, Does a parties conduct in furnishing the conditions for the accident also make that party a proximate cause of the accident? Based on this decision the answer is surprisingly, not necessarily. Causal relationships have everything to do with liability in personal injury cases. This case also shows us that it is important to keep up with current case law in order to evaluate the likelihood of success for a particular matter. Automobile accidents are very intricate and should be evaluated by an attorney.
As always, if you were involved in an automobile accident and want to speak with an experienced attorney, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 today!