The New York law Journal covered a decision of note won by Vaccaro & White affecting bicyclists doored by taxicabs and hit and run victims.
A bicyclist struck by a taxicab door opened by a passenger can apply for compensation from a nonprofit corporation formed to indemnify injured people in accidents where insurance is unavailable, a state judge has ruled.
Manhattan Supreme Court Justice Arlene Bluth (See Profile) rejected the argument of the Motor Vehicle Accident Indemnification Corporation in Samarskaya v. MVAIC, 158018/12, that it has no responsibility for injuries caused by negligent vehicle passengers.
The judge denied MVAIC’s motion for summary judgment in an action filed by the “doored” bicyclist.
“The court properly rejected MVAIC’s broad analogy to itself as an insurer and instead upheld the carefully written indemnity obligations under the statute, the purpose of which is compensation for victims of hit and run accidents,” Vaccaro said.
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