Case Dismissed for Failure to Make Out a Prima Facie Case of Negligence

In Bolton v. Ejioleh Express D/B/A Ejioleh Express Services, John Ajah & Dwayne Little (Supreme Court of the State of New York, Kings County, Index No.: 23447/07), following a liability verdict in plaintiff’s favor in a bifurcated trial, RKT attorney John Komar requested a stay of the damages trial for the purposes of submitting papers on a motion to set aside the verdict and dismiss plaintiff’s action for failure to make out a prima facie case. The court granted the request and after reviewing John’s motion, along with the pertinent portions of the trial transcript and plaintiff’s opposition, granted Johns motion prior to the start of the damages trial.

The case arose out of a two car motor vehicle accident. As a result of the accident, plaintiff claimed to have sustained a torn right medial meniscus requiring arthroscopic surgery. At the time of the alleged accident the plaintiff was a passenger in a vehicle operated by defendant, Little. The other vehicle involved in the accident was allegedly owned by Ejioleh Express and operated by Ajah, RKT’s clients.  

John argued that the evidence presented on plaintiff’s direct case, which consisted of nothing more than the plaintiff’s testimony, failed to make out a prima facie of negligence against RKT’s clients. John argued that not only did the plaintiff’s direct case lack evidence, but in his testimony, the plaintiff also failed to place defendants Ejioleh and Ajah at the scene of the accident.

Justice Larry D. Martin agreed with John’s arguments, set the verdict on liability aside and granted judgment to RKT’s clients. He agreed that the admissible evidence presented on the plaintiff’s case did not make out a prima facie case of negligence. The case was dismissed.