___ AD3d ___, ___ NYS2d ___, 2015 NY Slip Op 00509 [2d Dept., 2015]
Two golf carts collided on a turn in a path at the Garden City Country Club. The plaintiff, driver of one cart, was injured, severely enough to need “numerous surgeries.” The driver of the other cart claimed that the plaintiff was speeding on the cart path.
Plaintiff here moved for a unified trial, on the grounds that proof of the injuries he sustained would support his claim that he was not speeding and hence bore significantly on the issue of liability. As proof, he submitted an affidavit from an expert in mechanical engineering, accident reconstruction and biomechanics claiming that the injuries proved that he could not have been traveling more than three miles per hour. Supreme Court agreed, and ordered a unified trial.
The Appellate Division, however, wasn’t buying it and reversed.
Arguments & Demonstrations 