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Miller v. O'Mara Family Farms Inc.

Issues of Fact Exist as to Whether Plaintiff Suffered Serious Physical Injury

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The following papers, numbered 1 to 67, were considered in connection with Defendants’ Notice of Motion, dated November 30, 2020, for an Order, granting summary judgement as to the issue of damages and dismissing the Complaint in its entirety; or alternatively, granting summary judgement to Defendants and dismissing the negligent entrustment cause of action. PAPERS NUMBERED Notice of Motion/Affirmation in Support/Exhs. A-FF/Memorandum of Law     1-35 Affirmation in Opposition/Affidavit in Opposition/ Exhs. 1-24/ Memorandum of Law in Opposition             26-62 Affirmation in Reply/Memorandum of Law in Reply/Exhs. GG-II      63-67 DECISION & ORDER This action is for personal injuries sustained on May 9, 2017, when Plaintiff Brandy Miller was in an automobile accident at the intersection of Routes 22 and 312 in the Town of Southeast, New York with a vehicle owned by Defendant O’Mara Family Farms, Inc. (“O’Mara Family Farms”), and operated by Defendant Patrick Louis O’Mara, Jr. (“O’Mara Jr.”). Plaintiff Noah Miller is seeking loss of consortium. On July 21, 2017, Plaintiffs commenced this action. Plaintiffs filed a Second Amended Verified Complaint on September 14, 2017, alleging injuries as result of the accident (Exh. B, Complaint at 26). Defendants served a Verified Answer on November 17, 2017 (NYSCEF Doc. No. 11). It is alleged that on May 9, 2017, Mrs. Miller was driving eastbound on Route 312, and while making a left turn to proceed onto Route 22 North, Mrs. Miller’s vehicle was struck by O’Mara Family Farms’ vehicle, operated by O’Mara, Jr. (Exh. B, Complaint at

21-25). It is further alleged that Plaintiff sustained severe and permanent personal injuries (Exh. B, Complaint at 26) and that O’Mara Family Farms negligently entrusted their vehicle to O’Mara, Jr., despite him being unfit to operate a motor vehicle in the State of New York (Exh. B, Complaint at

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