Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Thursday, March 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

Van Driver Cleared in Motorcyclist’s Death

(CN) - The driver of an Access-a-Ride van is not liable for a motorcyclist's death because he did not cause or foresee the accident, the New York Appellate Division ruled.

William Geoghan was driving his car when the wheel fell off and he came to a stop. The wheel hit the cyclist, who was thrown into the path of the van driven by Marcus Cooper.

Laura Jones sued both drivers on behalf of her decedent. The trial court ruled in her favor, but the appellate judges reversed the decision in regards to Cooper.

"Cooper was faced with a sudden and unforeseen occurrence not of his own making," the judges wrote. "Under any reasonable view of the evidence, the emergency doctrine applied. It would be speculative to conclude that Cooper could have avoided the accident under these circumstances."

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...