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EGREGIOUS CIRCUMSTANCES JUSTIFIED SUMMARY JUDGMENT IN FAVOR OF DEFENDANT DRIVER PURSUANT TO THE EMERGENCY DOCTRINE (FIRST DEPT).

The First Department determined defendant Dominguez’s motion for summary judgment pursuant to the emergency doctrine was properly granted. The court noted that the emergency doctrine usually presents a question of fact but the egregious circumstances warranted summary judgment here. Plaintiff was a passenger in Chuquillanqui’s vehicle which was struck by a car driven by Dominguez:

Dominguez submitted evidence showing that the accident occurred when Chuquillanqui attempted an illegal U-turn from the far-right lane of a two-way road that had two lanes traveling in each direction. Dominguez was operating a vehicle traveling in the same direction as Chuquillanqui’s vehicle, but in the left lane at some distance back from Chuquillanqui’s vehicle. Dominguez testified that he had only had a couple of seconds to react when Chuquillanqui abruptly began the U-turn across his right of way in the left lane, and that he unsuccessfully attempted to avoid the collision by turning his vehicle to the left … .

Plaintiff’s opposition was insufficient to raise factual issues as to whether an emergency situation existed prior to the collision, and as to whether Dominguez’s actions before the accident were reasonable under the circumstances. While the “reasonableness of a defendant driver’s reaction to an emergency is normally left to the trier of fact,” in “egregious circumstances,” as here, the issue may be resolved on summary judgment … . Morales v Chuquillanqui, 2018 NY Slip Op 02139, First Dept 3-27-18

NEGLIGENCE (EGREGIOUS CIRCUMSTANCES JUSTIFIED SUMMARY JUDGMENT IN FAVOR OF DEFENDANT DRIVER PURSUANT TO THE EMERGENCY DOCTRINE (FIRST DEPT))/ TRAFFIC ACCIDENTS (EGREGIOUS CIRCUMSTANCES JUSTIFIED SUMMARY JUDGMENT IN FAVOR OF DEFENDANT DRIVER PURSUANT TO THE EMERGENCY DOCTRINE (FIRST DEPT))/EMERGENCY DOCTRINE (TRAFFIC ACCIDENTS, EGREGIOUS CIRCUMSTANCES JUSTIFIED SUMMARY JUDGMENT IN FAVOR OF DEFENDANT DRIVER PURSUANT TO THE EMERGENCY DOCTRINE (FIRST DEPT))

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