- Defendant Driver Goes Straight, Wins Summary Judgment.
- April 10, 2013 | Authors: Irwin D. Miller; Dennis J. Monaco
- Law Firm: Abrams, Gorelick, Friedman & Jacobson, LLP - New York Office
Foreman v. Skeif and Foreman, Supreme Court, Bronx County, Index No. 304720/2010, March 27, 2013
A Bronx Court has granted defendant’s motion for summary judgment as to the issue of liability in a motor vehicle collision case.
In the motion, the defendant driver established that he was not negligent by submitting evidence that when the light turned green, he proceeded to go straight and in a “split second”, the co-defendant’s vehicle made a sudden left-hand turn in front of his vehicle. The defendant applied his brakes but could not avoid the collision.
It is the driver “intending to turn to the left within an intersection” who must yield the right of way to vehicles approaching from the opposition direction, pursuant to Vehicle and Traffic Law § 1141. The Court recognized that violation of that standard of care in such cases constitutes negligence per se.
Supreme Court Justice Alison Y. Tuitt concluded that the defendant met his prima facie burden and showed there was no evidence that he was traveling at an excessive rate of speed or otherwise failed to avoid the accident.