Abel Rosario, Jr. v. Robert Scudieri

Summary

The Appellate Division, Second Department reversed an order denying the plaintiff's motion for summary judgment on liability in a personal-injury action arising from a collision between a bicyclist and a vehicle. The court held that the plaintiff established the defendant's negligence, including failure to signal and failure to use reasonable care before turning, and that the defendant failed to raise a triable issue of fact. The court also stated that a plaintiff need not establish freedom from comparative fault to make a prima facie showing of the defendant's liability.

Holdings

1. The plaintiff established prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the defendant failed to signal his intention to turn right, failed to see what was there to be seen, and made the turn before it was reasonably safe to do so.
2. The defendant failed to raise a triable issue of fact in opposition to the plaintiff's motion.
3. A plaintiff seeking summary judgment on a defendant's liability is not required to demonstrate freedom from comparative fault as part of the prima facie case.

Questions Presented

1. Whether the plaintiff established prima facie entitlement to summary judgment on liability by demonstrating that the defendant violated Vehicle and Traffic Law § 1163 and negligently made a right turn.
2. Whether the defendant raised a triable issue of fact in opposition.
3. Whether the plaintiff was required to establish freedom from comparative fault as part of his prima facie showing on the defendant's liability.

Disposition

reversed