Emergency Doctrine Not Applicable to Striking Plaintiff’s Decedent’s Body in Roadway

The Third Department determined summary judgment should not have been granted to the defendant based upon the emergency doctrine.  Defendant struck the decedent’s body which was in the roadway.  Although defendant slowed when she saw the brake lights and flashers on vehicles ahead of her, she continued driving at about 50 miles per hour:

We are not persuaded that these facts demonstrate, as a matter of law, that defendant was confronted with an emergency situation that left her with little time for deliberation or that her reaction was reasonable such that there was nothing she could have done to avoid the accident.  Notably, “it is not uncommon for motorists to encounter debris or other hazards in the roadway” …and, here, by defendant’s own testimony, she had  notice from at least 20  or 30  car lengths away that something  out of the ordinary was  happening  on  the highway ahead  ….   Further, there is also deposition testimony of the front seat passenger in codefendants’ vehicle, which had arrived at the scene and  first struck either decedent or his motorcycle.  This witness testified that, as decedent was  lying in the roadway, other vehicles stopped at the scene without striking him, and at least one other vehicle passed through the scene without incident.  In light of  this testimony,  “a question  arises as to whether defendant should have anticipated and been prepared to deal with the situation confronting [her]” and  whether  her actions were reasonable under the circumstances… . Hallenbeck …v Smith…, 515155, 3rd Dept, 5-30-13