You are here: / / QUESTION OF FACT WHETHER DRIVER OF THE MOTORCYCLE, WHO HAD THE RIGHT OF...

QUESTION OF FACT WHETHER DRIVER OF THE MOTORCYCLE, WHO HAD THE RIGHT OF WAY IN THIS INTERSECTION TRAFFIC ACCIDENT CASE, COULD HAVE AVOIDED THE COLLISION (FOURTH DEPT).

The Fourth Department, reversing Supreme Court, determined there was a question of fact whether defendant driver of the motorcycle (Baker) could have avoided this intersection traffic accident case. The motorcycle had the right-of-way and collided with defendants’ (Willow Bend’s) truck. Plaintiff was a passenger on the motorcycle. Willow Bend’s cross motion against the driver of the motorcycle (Baker Estate) should not have been dismissed:

We agree with the Willow Bend defendants that the court erred in granting that part of the motion seeking summary judgment dismissing the Willow Bend defendants’ cross claim. In moving for summary judgment, the Baker Estate had the initial burden of establishing, as a matter of law, that Baker “was operating [the motorcycle] in a lawful and prudent manner and that there was nothing that [Baker] could have done to avoid the collision” … . “[I]t is well settled that drivers have a duty to see what should be seen and to exercise reasonable care under the circumstances to avoid an accident” … . “[U]nder the doctrine of comparative negligence, a driver who lawfully enters an intersection may still be found partially at fault for an accident if he or she fails to use reasonable care to avoid a collision with another vehicle in the intersection” … . We conclude that the Baker Estate failed to meet that burden, inasmuch as its own submissions in support of the motion raised a triable issue of fact … .

Although the Baker Estate established that Baker had the right-of-way as he approached the intersection, the Baker Estate submitted the deposition testimony of Baker and plaintiff, who each testified that, before the collision, Baker applied his brakes but did not attempt to steer around the dump truck. Baker further testified that he did not use his horn. Viewed in the light most favorable to the Willow Bend defendants, that testimony raises an issue of fact whether Baker exercised reasonable care under the circumstances to avoid an accident … . Carroll v Willow Bend Farm LLC, 2020 NY Slip Op 00954, Fourth Dept 2-7-20

 

You might also like
CHILD SUPPORT STANDARDS ACT (CSSA) WAS INCORRECTLY APPLIED TO INCOME ABOVE THE STATUTORY CAP (FOURTH DEPT).
DEFENDANT PROPERLY ASSESSED 80 POINTS FOR CHILD PORNOGRAPHY IN THIS SEX OFFENDER REGISTRATION ACT (SORA) RISK LEVEL PROCEEDING, CRITERIA EXPLAINED, DETERMINATION REVERSED HOWEVER BECAUSE COUNTY COURT DID NOT CONSIDER DOWNWARD DEPARTURE REQUEST (FOURTH DEPT).
QUESTIONS OF FACT WHETHER FORGED NOTE AND GUARANTIES WERE RATIFIED (FOURTH DEPT).
SOMEONE WAS TRYING TO OPEN THE DOOR TO DEFENDANT’S HOME AND SHE SHOT THROUGH THE DOOR, KILLING HER BOYFRIEND; DEFENDANT’S REQUEST FOR A “LAWFUL TEMPORARY POSSESSION OF A WEAPON” JURY INSTRUCTION SHOULD HAVE BEEN GRANTED; STRONG DISSENT (FOURTH DEPT).
“Open and Obvious” Nature of Defect Does Not Negate Duty to Keep Premises Safe.
Questions of Fact Raised About Whether Sellers’ Representations on the Condition Disclosure Statement Claiming No Water-Related Problems on the Property Violated Real Property Law 462, 465, Constituted Fraud, and Constituted Breach of Contract
Defendant Should Have Been Allowed to Present Expert Opinion-Evidence About the Reliability of Eyewitness Identification
CLASS ACTION PROPERLY CERTIFIED IN CASE ALLEGING NEGLIGENT DISCHARGE OF CHEMICALS INTO THE ATMOSPHERE.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PROOF DID NOT DEMONSTRATE THE PLACEMENT OF A RUG CONSTITUTED A DANGEROUS CONDITION... SUPREME COURT DID NOT RULE ON DEFENDANT’S MOTION FOR A TRIAL ORDER OF...