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The incidents surrounding the accident are that a gas station was under construction on the corner


On June 3, 2004 on Jamaica Avenue near the intersection with Route 112 in the Town of Brookhaven, Suffolk County, New York, a man was involved in a three car truck accident that resulted in serious personal injury to a driver of a black Hyundai. The incidents surrounding the accident are that a gas station was under construction on the corner. The construction manager of the gas station operated a white van that was illegally parked in front of the no stopping or parking sign on the side of the roadway. A dump truck also working on the gas station was dropping off a dumpster at that location and was blocking part of the roadway. The driver of the dump truck stated that he put out cones and set his lights to emergency flash to let oncoming traffic know that there was a hazard. The first vehicle in the accident completed a left hand turn onto the roadway and was blocked by the dump truck. She stopped in traffic to wait for the dump truck to move. The second vehicle did not see her stop and struck her vehicle, which knocked her into a third vehicle and ultimately it was knocked in to the vehicle of the victim on the opposite side of the roadway. The victim filed a lawsuit against the construction manager for causing the truck accident. The construction manager alleges that he was not responsible for any vehicle other than his white van and that the dump truck was not his or in any way under his control. He states that liability should be attached to the dump truck company and not to him.

The Nassau Court hearing this matter states that there are serious issues of fact that need to be determined. Whenever such issues of fact exist, it is incumbent upon the Court to ensure that a jury hears the arguments. Any motions for summary judgment must be denied as a matter of course in such circumstances because the Court cannot determine which issues of fact are credible and which ones are not credible. Because material facts of this accident are in dispute or different inferences may reasonably be drawn as the facts of this case, the Supreme Court must deny the motion for summary judgment as requested by the construction manager and his company. Only a trial can resolve issues of fact that are presented.

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