Careless Driving Was Sole Proximate Cause of Accident.

The plaintiff was the driver of a tractor-trailer hauling large round hay bales to various farms.  After delivering a load at one farm, the plaintiff attempted to deliver the remainder of the load at another farm.  While entering the driveway entrance to the farm, the right rear wheels of the trailer missed the driveway and slipped into a four-foot deep drainage ditch.  As a result, the entire tractor-trailer tipped over causing the plaintiff's injuries.  The plaintiff sued the landowner and a tenant for his injuries and damages.  The court, based on the evidence granted summary judgment for the defendants determining that the plaintiff's careless driving was the sole cause of the accident.  The court based it's conclusion on eyewitness testimony and photographs of the accident scene along with an accident reconstruction expert.  It was determined that the driver simply turned the corner to the entrance too tight, and there were no intervening causes that contributed to the accident.  Cox v. McCormick Farms, et al., No. 44722, 2015 N.Y. Misc. LEXIS 1171 (N.Y. Sup. Ct. Apr. 14, 2015).