Kamtchi v. Sarmiento
Attorneys and Parties
Brief Summary
Automobile negligence (rear-end collision) and the burden on a defendant seeking summary judgment to show freedom from fault; whether a certified police accident report containing the movant’s conflicting account creates a triable issue of fact.
The Supreme Court, Queens County granted defendant Kimberly Grace Spagnuolo’s motion for summary judgment dismissing the complaint as against her.
The order granting summary judgment to Spagnuolo and dismissing the complaint as to her.
Although Spagnuolo made a prima facie showing of no fault through her deposition, the plaintiff submitted a certified police accident report reflecting Spagnuolo’s conflicting account of the accident, creating a triable issue of fact that precludes summary judgment.
Background
On August 7, 2020, a three-vehicle collision occurred in Queens. The plaintiff, Pierre M. Kamtchi, rear-ended a vehicle driven by defendant Rhaisa A. Serrano, which then struck the vehicle operated by defendant Kimberly Grace Spagnuolo. Spagnuolo testified at deposition that a third vehicle cut her off, causing her to brake, Serrano to merge right, and then the plaintiff to hit Serrano, with one of the vehicles sideswiping her car. The plaintiff sued to recover for personal injuries and opposed Spagnuolo’s motion for summary judgment with a certified police accident report that recorded a conflicting version attributed to Spagnuolo.
Lower Court Decision
The Supreme Court, Queens County (Denise N. Johnson, J.), by order dated December 8, 2023, granted Spagnuolo’s motion for summary judgment, dismissing the complaint insofar as asserted against her.
Appellate Division Reversal
The Appellate Division reversed, with costs, and denied Spagnuolo’s motion. The court held that while Spagnuolo met her prima facie burden of showing she was not at fault, the plaintiff raised a triable issue by submitting a certified police accident report containing Spagnuolo’s inconsistent account of how the accident occurred, necessitating resolution by a factfinder.
Legal Significance
Reaffirms that a defendant moving for summary judgment in a negligence action bears the prima facie burden to show non-negligence. Even where that showing is made through deposition testimony, a certified police accident report reflecting the defendant’s conflicting statements can create a triable issue of fact that defeats summary judgment.
Defendants seeking summary judgment in multi-vehicle collisions can be denied relief when a certified police accident report contains their inconsistent statements, creating factual disputes for trial.