Pemberton v Liberty Ashes Inc.

Holding The Appellate Division affirmed the summary judgment dismissing the plaintiff’s complaint because the defendants established the plaintiff ran a red light and rode against one-way traffic. The court found the plaintiff’s expert opinions regarding the defendant’s marijuana use and speeding were speculative, conclusory, and contradicted by admissible GPS and video evidence.

The court’s words

the truck, being driven by defendant Jamel D. White, had the green light and thus, the right of way before the accident

2026 NY Slip Op 06255, at the official text

plaintiff ran a red light when he rode into the intersection at the time of the accident in violation of Vehicle and Traffic Law

2026 NY Slip Op 06255, at the official text

This opinion is speculative, conclusory, and unsupported by the record

2026 NY Slip Op 06255, at the official text

the truck's speed registered between three and nine miles per hour right before the accident, well below the posted speed limit

2026 NY Slip Op 06255, at the official text

without setting forth the methodology used or whether that methodology is generally accepted in the field

2026 NY Slip Op 06255, at the official text