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Allard v. Drasye

Pick-Up Truck's Driver Violated Duty of Care to Other Motorist in Parking Lot Collision

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DECISION and ORDER Plaintiffs Patricia and David Allard have filed a Motion for Partial Summary Judgment on the issue of liability in this diversity-based automobile accident case. Dkt. No. 25. Defendants’ counsel has not opposed the Motion. Dkt. No. 26. For the reasons stated herein, the Motion for Partial Summary Judgment on the issue of liability is granted. I. FACTUAL AND PROCEDURAL HISTORY According to the Complaint, on October 24, 2019, Defendant Eric Drasye was operating a Dodge Ram pickup truck on Park Street in the Village of Tupper Lake, with the consent of his employer, Adirondack Fireplace and Michael Donah. Dkt No. 1, Compl. at

9-12. At the same time, Plaintiffs Patricia and David Allard were in their Ford Escape in the parking lot of Shaheen’s Adirondack Inn, prepared to turn onto Park Street. Compl. at 25. Mr. Allard was driving, and Patricia was in the front passenger seat. Compl. at

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