White v. Diaz

In White v. Diaz, 49 A.D.3d 134 (1st Dept 2008), the First Department denied a motion for summary judgment where defendant's Access-A-Ride van was double-parked, with his hazard lights on, while waiting to pick up a passenger. The driver testified that he could find an available parking spot on the street, and he did not see the apartment's parking lot. Id. The Access-A-Ride ran was rear-ended by another van while plaintiff was boarding the Access-A-Ride. Id. The driver of the second van was falling asleep behind the wheel. Id. The First Department denied summary judgment and held that a "reasonable jury could find that a rear-end collision is a reasonably forseeable consequence of double parking for five minutes on a busy Manhattan street." Id. at 139 The Court held that a "reasonable jury could find that a rear-end collision is a reasonably foreseeable consequence of double parking for five minutes on a busy Manhattan street." 49 AD3d at 139. Although the precise manner of the accident need not be foreseeable, it is generally foreseeable that by impeding traffic by double parking a van in a traffic lane, "an inattentive, careless or distracted driver might not stop in time to avoid the van." Id. at 140. The court therefore concluded that there remained a triable issue of fact regarding proximate cause.