Major Victory: Plaintiff Wins Liability Determination Before Trial
The Law Office of Steven Louros, a leading Queens NYC auto accident law firm, recently secured a significant legal victory in Queens County Supreme Court, obtaining partial summary judgment on the issue of liability in a personal injury case stemming from a November 2022 rear-end collision. In Suescun v. Reid (Index No. 705370/2024), Hon. Karen Lin granted the plaintiff’s motion, establishing defendants’ fault as a matter of law and striking key affirmative defenses.
Case Overview
On November 29, 2022, plaintiff Roselia Suescun sustained injuries while riding as a passenger in a vehicle that was stopped at a red traffic light on Sutphin Boulevard near 122nd Avenue in Queens County. The defendants’ vehicle, owned by VisionPro Installations Corp. and operated by Jamiel Reid, struck the rear of the stopped vehicle, causing injury to the plaintiff.
Legal Significance
The October 10, 2025 decision represents a critical win for the plaintiff on multiple fronts:
Liability Established: The court granted partial summary judgment on the issue of liability, meaning the defendants’ negligence has been legally established before trial. In rear-end collision cases, New York law places the burden on the driver of the following vehicle to maintain a safe distance and speed. The defendants failed to provide any non-negligent explanation for the accident.
Affirmative Defenses Struck: The court also granted the plaintiff’s motion to strike the defendants’ first, second, and fifth affirmative defenses, which claimed:
- Culpable conduct by the plaintiff
- Failure to use a seatbelt
- Emergency situation
The court found that the plaintiff successfully established she was an innocent passenger who was properly wearing her seatbelt, and no evidence supported an emergency situation defense.
Insufficient Defense Evidence: The defendants’ opposition consisted solely of an attorney’s affirmation, with no affidavit from a person with personal knowledge of the facts. The court noted that such attorney affirmations “bear no probative value or evidentiary significance” and are insufficient to raise triable issues of fact.
What This Means for Personal Injury Victims
This decision exemplifies several important principles in New York personal injury law:
- Rear-End Collision Presumption: Drivers who strike vehicles from behind face a presumption of negligence that requires substantial evidence to rebut
- Innocent Passenger Rights: Passengers injured in accidents are entitled to summary judgment on liability when they can demonstrate they bore no fault in the accident’s occurrence
- Importance of Evidence: Defendants must present concrete evidence—not just legal arguments—to defeat summary judgment motions
- Res Judicata Application: The court took judicial notice of a related case where the driver of the plaintiff’s vehicle had also been granted summary judgment against the same defendants, further supporting the liability determination
Next Steps
With liability established, the case will now proceed to determine the extent of damages sustained by the plaintiff. This streamlined approach allows the focus to shift entirely to ensuring fair compensation for the injuries suffered.
Contact Our Queens Auto Accident Attorneys
If you or a loved one has been injured in a rear-end collision or any motor vehicle accident in Queens, Brooklyn, or anywhere in New York City, our experienced Queens personal injury legal team can help you navigate the complex car accident claims process. As dedicated NYC rear-end collision lawyers, we work diligently to hold negligent parties accountable and secure the compensation our clients deserve.
Whether you’ve been injured in a rear-end collision on Sutphin Boulevard, the Grand Central Parkway, or anywhere in Queens County, our auto accident attorneys in New York have the experience and track record to fight for your rights.
Call us today for a free consultation to discuss your case.
This blog post is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes.
Contact Us
T: (212) 481-5275
