Summary
This Appellate Division, First Department decision reverses a trial court order denying the plaintiff's motion for summary judgment on liability in a motor vehicle negligence action. The court found that the plaintiff established a prima facie case by demonstrating the defendant violated Vehicle and Traffic Law § 1128(a) through unsafe lane changes, which constituted the sole proximate cause of the collision. Because the defendant failed to provide evidence raising a factual dispute regarding comparative fault or the accident's circumstances, the court granted summary judgment and dismissed the affirmative defense.
Topics
Practice areas
Questions Presented
- Whether the plaintiff is entitled to summary judgment on liability despite the defendant's affirmative defense of comparative fault and culpable conduct
- Whether the affirmative defense of comparative fault and contributory negligence should be dismissed
Holdings
- Summary judgment is proper for the plaintiff because the defendant failed to produce any evidence raising a genuine issue of fact, and the affirmative defense of comparative fault and contributory negligence is dismissed.
Key quotations
“"was negligent in violating Vehicle and Traffic Law § 1128(a) by changing lanes when it was not safe to do so"” (at 1)
“"failure to obey the traffic laws that required [him] to yield the right of way"” (at 1)
Factual background
Plaintiff Charles Baxter was traveling in the left lane when defendant Babu Gosh, driving in the right lane, attempted to merge without signaling and struck the plaintiff. Baxter's affidavit showed Gosh changed lanes unsafely and failed to yield the right of way, causing the collision. Gosh offered no evidence to explain the accident.
Procedural history
The Supreme Court, Bronx County denied Baxter's motion for summary judgment on liability and the affirmative defense of comparative fault. Baxter appealed, and the Appellate Division reversed and granted summary judgment.