Daane v. Ryder Truck Rental, Inc.

Background

In April 2017, Melvin Allen drove a Postal Fleet Services, Inc. truck into the rear of Carole Daane’s car on Canal Street near Hudson Street in Manhattan. Ryder Truck Rental, Inc. owned the truck and had rented it to Postal Fleet under a truck lease agreement. Allen was driving during the course and scope of his employment for Postal Fleet.

A dashboard-camera video showed Daane’s car braking at a yellow light and stopping in the crosswalk. After the light turned red, Allen continued past the stop line and struck the rear of Daane’s stopped car, pushing it forward several feet. Daane alleged physical, neurological, and psychological injuries.

Daane moved for summary judgment—a ruling without a trial when no genuine dispute of important facts requires a jury—as to liability. Ryder cross-moved for summary judgment on liability, arguing that the Graves Amendment protected it from vicarious liability. All defendants moved for summary judgment, arguing that Daane had not suffered a “serious injury” as required by New York’s no-fault insurance law.

Serious-injury claims

The court held that the defendants made the initial required showing that Daane had not suffered certain serious physical or neurological injuries. A defense orthopedic expert stated that Daane had no functional loss or disability from the accident and had returned to her pre-injury status. A defense neurologist stated that the accident did not produce a neurological diagnosis, concussion, or other traumatic brain injury.

The defendants did not make the required initial showing concerning Daane’s alleged psychological injury. They also did not address whether she had an injury or impairment that prevented her from performing her usual activities for at least 90 days during the 180 days after the collision. The court therefore shifted the burden to Daane only for the physical and neurological injury categories that the defendants had addressed. Daane filed no opposition and provided no sworn medical evidence supporting those claims.

The court granted the defendants’ motion for summary judgment in part and dismissed Daane’s claims of serious injury that were not based on a 90/180-day injury or a psychological injury. The court did not dismiss the claims based on psychological injury or the 90/180-day category.

Ryder’s liability

The Graves Amendment generally protects a vehicle owner engaged in the business of renting or leasing vehicles from liability for an accident occurring during the rental or lease period, unless the owner was negligent or engaged in criminal wrongdoing. Ryder submitted evidence that it leased motor vehicles and that the truck involved in the collision was rented to Postal Fleet.

The court found no evidence of negligence or criminal wrongdoing by Ryder. It granted Ryder’s motion for summary judgment on liability and dismissed Ryder as a party to the case.

Allen’s and Postal Fleet’s liability

Under New York law, a rear-end collision ordinarily establishes an initial showing of negligence by the rear-ending driver. The video showed Allen’s truck striking Daane’s car while it was stopped at a red light. The defendants argued that Daane’s abrupt braking and stopping in the crosswalk provided a non-negligent explanation and showed that she contributed to the crash.

The court rejected that argument. It concluded that Daane’s driving did not excuse Allen’s failure to drive at a safe enough speed and maintain enough distance to avoid a collision. The court also found that Allen failed to obey the red light and stop completely. Because these violations involved specific statutory duties and the defendants provided no non-negligent explanation, the court held that Allen and Postal Fleet were liable as a matter of law.

Disposition

Daane’s motion for summary judgment as to liability was granted in part and denied in part: it was granted as to Allen and Postal Fleet and denied as to Ryder. Ryder’s cross-motion for summary judgment as to liability was granted, and Ryder was dismissed from the case. The defendants’ motion for summary judgment concerning Daane’s alleged injuries was granted in part, except as to the alleged 90/180-day injuries and psychological injuries. The court directed the parties to submit a joint letter about the remaining phase of the case, including possible trial dates and settlement discussions. Judge Oetken directed the clerk to close the three motions.