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QUESTION OF FACT RE DEFENDANT’S COMPARATIVE FAULT IN THIS INTERSECTION COLLISION CASE, DESPITE PLAINTIFF’S PLEADING GUILTY TO FAILURE TO YIELD THE RIGHT OF WAY 3RD DEPT.

The Third Department, reversing Supreme Court, determined plaintiff had raised a question of fact about defendant’s (North’s) comparative fault in this intersection collision case, despite plaintiff’s pleading guilty to failure to yield the right of way. Therefore North’s motion for summary judgment should not have been granted:

In light of the conflicting accounts as to how the accident occurred, we conclude that Supreme Court erred in granting summary judgment in favor of North … . Furthermore, although plaintiff failed to yield the right-of-way and was convicted of violating Vehicle and Traffic Law § 1141, such finding “does not preclude the existence of a fact issue as to [North’s] comparative fault” …. Given plaintiff’s testimony regarding North’s distance from the subject intersection, the absence of other cars in front of North as she approached plaintiff and the evidence that North was “coming fast,” a question of fact exists regarding North’s comparative fault and whether she could have used reasonable care to avoid the collision … . Accordingly, viewing the evidence in a light most favorable to plaintiff, summary judgment in favor of North on the issue of liability should have been denied. London v North, 2017 NY Slip Op 05636, 3rd Dept 7-13-17

NEGLIGENCE (TRAFFIC ACCIDENTS, QUESTION OF FACT RE DEFENDANT’S COMPARATIVE FAULT IN THIS INTERSECTION COLLISION CASE, DESPITE PLAINTIFF’S PLEADING GUILTY TO FAILURE TO YIELD THE RIGHT OF WAY 3RD DEPT)/TRAFFIC ACCIDENTS (QUESTION OF FACT RE DEFENDANT’S COMPARATIVE FAULT IN THIS INTERSECTION COLLISION CASE, DESPITE PLAINTIFF’S PLEADING GUILTY TO FAILURE TO YIELD THE RIGHT OF WAY 3RD DEPT)/COMPARATIVE FAULT  (TRAFFIC ACCIDENTS, QUESTION OF FACT RE DEFENDANT’S COMPARATIVE FAULT IN THIS INTERSECTION COLLISION CASE, DESPITE PLAINTIFF’S PLEADING GUILTY TO FAILURE TO YIELD THE RIGHT OF WAY 3RD DEPT)/VEHICLE AND TRAFFIC LAW (TRAFFIC ACCIDENTS, QUESTION OF FACT RE DEFENDANT’S COMPARATIVE FAULT IN THIS INTERSECTION COLLISION CASE, DESPITE PLAINTIFF’S PLEADING GUILTY TO FAILURE TO YIELD THE RIGHT OF WAY 3RD DEPT)

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