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EMERGENCY DOCTRINE APPLIED, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IN THIS TRAFFIC ACCIDENT CASE PROPERLY GRANTED.

The Second Department determined defendants’ motion for summary judgment in this traffic accident case was properly granted pursuant to the emergency doctrine. Plaintiff’s car crossed into oncoming traffic and struck defendants’ car. Defendants demonstrated the emergency doctrine applied. No question of fact was raised about defendant driver’s negligence:

The defendants established, prima facie, that the defendant driver was presented with an emergency situation not of his own making when the plaintiff’s vehicle crossed over into his lane of traffic, and that he acted reasonably in response to that emergency … . Contrary to the plaintiff’s contention, her deposition testimony, which the defendants submitted in support of their motion, did not create a triable issue of fact as to whether the defendant driver’s negligence contributed to the occurrence of the accident … . Graci v Kingsley, 2017 NY Slip Op 00291, 2nd Dept 1-18-17

NEGLIGENCE (EMERGENCY DOCTRINE APPLIED, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IN THIS TRAFFIC ACCIDENT CASE PROPERLY GRANTED)/TRAFFIC ACCIDENTS (EMERGENCY DOCTRINE APPLIED, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IN THIS TRAFFIC ACCIDENT CASE PROPERLY GRANTED)/EMERGENCY DOCTRINE (TRAFFIC ACCIDENTS, EMERGENCY DOCTRINE APPLIED, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IN THIS TRAFFIC ACCIDENT CASE PROPERLY GRANTED)

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