Appellate Victory-Appellate Division,Second Department

1/5/2010
Lowayne Williams v. BFI Waste Services, Inc.
In this case, the plaintiff claimed that he sustained catastophic injuries when he was struck by a bus and subsequently wedged between the bus and a garbage dumpster. Our client, BFI Waste Services, Inc. allegedly owned the dumpster. We were able to successfully argue to the trial court that the placement of the dumpster was not the proximate cause of the accident. The lower court agreed and dismissed the case against our client. Plaintiff appealed; however, the Appellate Division agreed with our argument and held that, since the placement of the dumpster was not the proximate cause of the accident, the case against BFI must be dismissed as a matter of law.