Campbell v. Central New York Regional Transportation Authority

Hurlbutt, J.E, and Gorski, J. (dissenting).

We respectfully dissent and would affirm the order granting defendant’s motion for summary judgment dismissing the complaint. We agree with Supreme Court that defendant established as a matter of law that its negligence was not a proximate cause of plaintiffs skin necrosis or the formation of an abscess on plaintiffs hip. It is undisputed that, as a result of the accident, plaintiffs wheelchair incurred irreparable damage and had to be replaced. The record establishes, however, that plaintiff sustained only minor soft tissue injuries that do not…