Munoz v City of New York
Plaintiff, New York City Police Officer Andres Munoz alleged that his police car was stuck by Defendant, Washington Vera, when responding to an emergency. Defendant, Petrocelli Electric Co., Inc. moved for summary judgment claiming that no issues of triable fact exist.
Vera entered into the intersection while the light was red due to the traffic light having a history of malfunctioning. The issue then becomes whether or not the malfunctioning traffic light is the proximate cause of the plaintiff’s injuries. The Court, though the City and Petrocelli retain responsibility for maintaining properly functioning traffic lights, finds that the malfunction of the light at the time of the accident was not the proximate cause of plaintiff’s injuries.
Accordingly, the Supreme Court ordered that the motions for summary judgment by the City and Petrocelli are granted and the complaint and cross claims dismissed.