PEDESTRIAN IN A CROSSWALK STRUCK FROM BEHIND IS NOT COMPARATIVELY NEGLIGENT AS A MATTER OF LAW.

The First Department, in a full-fledged opinion by Justice Saxe, determined plaintiff pedestrian was not comparatively negligent as a matter of law, and therefore plaintiff's motion for summary judgment should have been granted. Plaintiff was crossing a street in the crosswalk, with the light, when he was struck from behind:

… [W]e hold that as a matter of law, plaintiff, who was struck by a bus that approached from behind and to the right, and which turned left into the crosswalk where it struck plaintiff, may not be held comparatively negligent based on a theory that he could have seen and avoided the bus through the exercise of ordinary care. Quintavalle v Perez, 2016 NY Slip Op 03126, 1st Dept 4-26-16