You are here: / / DEFENDANT STRUCK THE REAR OF PLAINTIFF’S STOPPED VEHICLE; DEFENDANT’S...
,

DEFENDANT STRUCK THE REAR OF PLAINTIFF’S STOPPED VEHICLE; DEFENDANT’S CLAIM THAT HIS FOOT SLIPPED OFF THE BRAKE PEDAL DID NOT PRESENT A NONEGLIGENT EXPLANATION OR TRIGGER THE EMERGENCY DOCTRINE (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff in this rear-end collision case was entitled to summary judgment. Defendant’s allegation his foot slipped off the brake pedal because of rocks and pebbles under the floor mat did not present a nonnegligent explanation for striking plaintiff’s stopped vehicle:

[Defendant’s] assertion that he tried to apply the brakes on his vehicle to avoid a collision with the plaintiff’s vehicle, but his foot slipped off the brake pedal due to rocks and pebbles under the floor mat, was insufficient to raise a triable issue of fact as to as to whether there was a nonnegligent explanation for the happening of the accident, or whether the emergency doctrine applied … . Donnellan v LaMarche, 2023 NY Slip Op 05713, Second Dept 11-15-23

Practice Point: Here defendant struck the rear of plaintiff’s stopped vehicle. Defendant’s explanation that his foot slipped off the brake pedal was not enough to raise a question of fact about either a nonnegligent explanation or the applicability of the emergency doctrine.

 

You might also like
ALTHOUGH DEFENDANT WAS PROPERLY DETAINED, ONCE THE PAT-DOWN SEARCH REVEALED DEFENDANT DID NOT HAVE A WEAPON THE POLICE WERE NOT JUSTIFIED IN REMOVING THE (STOLEN) WALLET FROM DEFENDANT’S POCKET AND SEARCHING IT; THE ERROR WAS NOT HARMLESS UNDER THE STANDARD FOR CONSTITUTIONAL ERROR (SECOND DEPT).
CONTRACT WAS ENFORCEABLE DESPITE PARTIES’ EXPECTATION A MORE FORMAL CONTRACT WOULD BE EXECUTED LATER, PLAINTIFF’S MOTION TO CONFORM THE COMPLAINT TO THE PROOF AT TRIAL SHOULD HAVE BEEN GRANTED (SECOND DEPT).
QUESTION OF FACT WHETHER THE CONTINUOUS TREATMENT DOCTRINE APPLIED TO TOLL THE STATUTE OF LIMITATIONS IN THIS DENTAL MALPRACTICE ACTION, DOCTRINE MAY APPLY TO A DENTIST WHO RETIRED BASED ON TREATMENT PROVIDED BY OTHER DENTISTS (SECOND DEPT).
CPLR 311-A REQUIREMENTS FOR SERVICE OF PROCESS ON A LIMITED LIABILITY COMPANY NOT MET, COURT DID NOT OBTAIN JURISDICTION OVER DEFENDANT (SECOND DEPT).
Father’s Recording of Defendant’s Berating and Threatening Father’s Child Admissible Under the “Vicarious Consent” Theory (Father Vicariously Consented, on Behalf of the Child, to the Recording)/Variance Between Jury Instruction and Charges in the Indictment Was Harmless Error–No Possibility Defendant Was Convicted of a Theory Not Encompassed by the Indictment
VILLAGE FAILED TO DEMONSTRATE MELTING AND FREEZING OF A PILE OF SNOW DID NOT CREATE THE HAZARD, SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED.
Child Qualified as “Special Immigrant;” Abandoned by One Parent
A CONDITIONAL ORDER OF DISMISSAL PURSUANT TO CPLR 3216 WHICH DOES NOT STATE THE FAILURE TO FILE A NOTE OF ISSUE WITHIN 90 DAYS WOULD BE THE BASIS OF A MOTION TO DISMISS THE COMPLAINT IS INEFFECTIVE AND CAN BE VACATED (SECOND DEPT).

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

THE RECENT COURT OF APPEALS DECISION ALLOWING A VETERINARIAN’S OFFICE... PLAINTIFF-STUDENT’S FINGER WAS CAUGHT IN A DOOR SHUT BY ANOTHER STUDENT...