Robert Stein prevailed on a motion for summary judgment dismissing his client with prejudice in a Bergen County auto negligence action. The action stemmed from a November 2019 motor vehicle accident in which Mr. Stein’s client was injured. She brought suit against the defendant for her injuries and the defendant brought a counter claim against her. Mr. Stein took over her defense as she was accused of being comparatively negligent.
Mr. Stein, in conjunction with deposition testimony of the parties, secured a signed affidavit of an independent witness who confirmed the other driver disregarded a red light, traveled into the intersection at a high rate of speed, and struck Mr. Stein’s client’s vehicle as it started into the intersection on a green light. The matter was heard by an arbitration panel while Mr. Stein’s motion for summary judgment was pending. The arbitration panel found no cause on Mr. Stein’s client and, shortly thereafter, Judge Padovano granted the pending motion for summary judgment, dismissing the Counter Claim against Mr. Stein’s client with prejudice as it was clear that there was no negligence on behalf of Mr. Stein’s client.