Legal Question in Personal Injury in New York

Motion to dismiss

If you have a suit because you were injured in a fall from a bus,can it be dismissed if you do not know exactly what caused the fall,probably due to excessive trama to the body,but the driver knows and says what happens?


Asked on 10/21/05, 7:14 pm

3 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Motion to dismiss

If you do not know what casued you to fall, how do you know that the accident was the result of the negligence of the defendant.

A motion to dismiss is appropriate.

Good Luck

RRG

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Answered on 10/21/05, 7:21 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Motion to dismiss

If there are witnesses you can base the case on their knowledge.There are other legal theories as well, but you will need to prove what caused it.

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Answered on 10/23/05, 1:09 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Motion to dismiss

You would need to have a provable theory as to cause, you can't just go with "I was hurt."

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 10/23/05, 12:05 pm


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