Siegel v. Garibaldi

OPINION OF THE COURT

Lisa M. Fisher, J.

This matter involves a pedestrian knockdown car accident occurring on February 11, 2014 at approximately 10:45 p.m., wherein plaintiff pedestrian sustained personal injuries when defendant motorist rolled through a stop sign, while on his cell phone, and collided into plaintiff who was in the crosswalk. Now, defendant moves for summary judgment arguing plaintiff is unable to maintain an action against defendant pursuant to Workers’ Compensation Law § 29 (6), which bars plaintiff’s action as workers’ compensation is the exclusive remedy. For the reasons…