A New York appellate court has ruled in favor of a plaintiff seeking damages for personal injuries sustained in a vehicle accident involving a school bus. The court's decision affects Boro Transit, Inc., and its driver, Luc Sony Florvil, who were found liable for the incident that occurred in March 2023. This ruling is significant as it clarifies the standards for establishing liability in negligence cases involving vehicle accidents.

The case, Palacio v. Boro Transit, Inc., was decided by the Appellate Division of the Supreme Court of the State of New York on November 4, 2026. The court affirmed a lower court's decision that granted summary judgment to the plaintiff, Magno Palacio, on the issue of liability. The ruling dismissed several affirmative defenses raised by the defendants, making it a pivotal moment in the ongoing legal battle.

Background

The plaintiff, Magno Palacio, filed the lawsuit against Boro Transit, Inc., and its driver, Luc Sony Florvil, after a school bus operated by Florvil collided with Palacio's vehicle. The incident took place in March 2023, and Palacio claimed that he suffered personal injuries as a result of the accident.

Before the discovery phase of the case was completed, Palacio moved for summary judgment, seeking a ruling on the issue of liability. He argued that the defendants were negligent in their actions leading up to the accident. The Supreme Court of Kings County initially ruled in favor of Palacio, prompting the defendants to appeal the decision.

The Ruling

The appellate court upheld the lower court's ruling, affirming that the plaintiff had established his entitlement to summary judgment on the issue of liability against Boro Transit and Florvil. The court noted that the plaintiff provided sufficient evidence showing that Florvil had acted negligently by attempting to make a right turn from the left lane, which violated New York's Vehicle and Traffic Laws.

"Although drivers with the right-of-way are entitled to anticipate that other drivers will obey the traffic laws, they nonetheless still have a duty to avoid colliding with other vehicles," the court stated.

The court also emphasized that the plaintiff had demonstrated he did not have enough time to react to the bus's abrupt turn, which contributed to the accident. The ruling dismissed the defendants' first through seventh and tenth affirmative defenses, indicating that they failed to raise a valid issue of fact that could challenge the plaintiff's claims.

Impact

This ruling has significant implications for personal injury cases involving vehicle accidents in New York. By affirming the lower court's decision, the appellate court has reinforced the importance of establishing clear negligence on the part of defendants in such cases. It also clarifies that a plaintiff does not need to prove their own lack of comparative fault when seeking summary judgment on the issue of liability.

The decision may encourage other plaintiffs in similar situations to pursue summary judgment earlier in their cases, knowing that the courts may be receptive to such motions if the evidence supports a clear finding of negligence. It also highlights the responsibilities drivers have to adhere to traffic laws and to avoid collisions, even when they believe they have the right-of-way.

What's Next

The defendants, Boro Transit, Inc., and Luc Sony Florvil, have the option to appeal this ruling to a higher court. However, details on whether they plan to do so were not available in the court filing. There may also be related cases pending that could further explore issues of liability and negligence in similar contexts.