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Loftus Successful with Summary Judgment Motion

Buffalo, NY — On May 26, 2017, attorney Kevin Loftus successfully argued a motion for summary judgment before Judge Paul Wojtaszek. The plaintiff decedent in Green v. Konka, et. al. was critically injured while participating in Jeep “off-roading” at a campsite. Kevin Loftus represented the driver of one of the involved Jeeps, which had become stuck in the mud. One of the codefendants pulled Mr. Loftus’s client out of the mud, without incident. Shortly thereafter, the plaintiff’s accident occurred when that second vehicle backed up to return to the campsite. Plaintiff’s attorney argued that by getting stuck in the mud, Mr. Loftus’s client “invited rescue,” which ultimately caused the plaintiff’s death. Mr. Loftus successfully argued before the Court that the vehicle getting stuck in the mud merely furnished the occasion for the accident, but did not actually contribute to it. In addition, there were multiple intervening causes which severed any causal connection that may have existed as a result of Mr. Loftus’s client getting stuck in the mud. Judge Wojtaszek ruled that Mr. Loftus met his initial burden on the motion for summary judgment and the plaintiff’s attorney failed to raise a question of fact. The plaintiff’s complaint, and all cross-claims against Mr. Loftus’s client, were dismissed.


The motion papers and memorandum of law were written by our associate, Andrew D. Fiske, Esq. Oral argument of the motion was presented by partner, Kevin E. Loftus, Esq.


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