St. Clair v. Giroux

Appeal from an order of the Supreme Court (Muller, J.), entered August 20, 2014 in Clinton County, which granted defendant’s motion for summary judgment dismissing the complaint.

In December 2010, plaintiff Steven St. Clair was refueling his vehicle when it was struck by a vehicle driven by James A. Hughes (hereinafter decedent). At the time of the accident, plaintiff Norman St. Clair was seated in the passenger seat of the vehicle that was struck. Subsequently, Steven St. Clair and his spouse — derivatively—brought an action against decedent alleging that Steven St. Clair sustained a serious…