Pearson v. Jakubcin

Summary

The Appellate Division, First Department, reversed an order granting plaintiffs summary judgment on liability in a rear-end collision case and denied the motion. The court held that the defendant raised a triable issue of fact through testimony supporting a nonnegligent explanation and the emergency doctrine, despite not having pleaded that doctrine as an affirmative defense.

Holdings

1. Although plaintiffs established prima facie entitlement to summary judgment based on the rear-end collision, Jakubcin raised a triable issue of fact by offering a nonnegligent explanation that plaintiffs' vehicle abruptly stopped in the center lane after being concealed from her view by a box truck.
2. Jakubcin was not precluded from raising the emergency doctrine in opposition to plaintiffs' summary judgment motion even though she had not pleaded it as an affirmative defense.

Questions Presented

1. Whether plaintiffs were entitled to summary judgment on liability based on evidence that Jakubcin rear-ended their vehicle.
2. Whether Jakubcin raised a triable issue of fact by offering a nonnegligent explanation for the collision.
3. Whether Jakubcin could raise the emergency doctrine in opposition to plaintiffs' summary judgment motion despite not pleading it as an affirmative defense.

Disposition

reversed