Summary
This New York Appellate Division decision reverses a trial court's grant of summary judgment in favor of defendants in a personal injury action arising from a motor vehicle collision at a four-way stop. The court held that the defendants failed to meet their prima facie burden to prove the plaintiff driver was the sole proximate cause, emphasizing that drivers with the right-of-way retain a duty to exercise reasonable care. Due to conflicting factual accounts regarding the accident, triable issues of fact concerning proximate cause remain for a jury to determine.
Topics
Practice areas
Questions Presented
- Whether the defendants were entitled to summary judgment on the ground that the appellant was the sole proximate cause of the accident.
- Whether genuine issues of material fact exist as to proximate cause.
Holdings
- The defendants were not entitled to summary judgment because they failed to establish that the appellant was the sole proximate cause of the collision.
Key quotations
“"There can be more than one proximate cause of an accident" (Ventura v. Sturino, 230 AD3d at 1378, quoting Cox v. Nunez, 23 AD3d 427, 427).”
“"Even though the driver with the right-of-way is entitled to assume that other drivers will obey the traffic laws requiring them to yield, he or she still has a duty to exercise reasonable care to avoid a collision with another vehicle already in the intersection" (Ventura v. Sturino, 230 AD3d at 1378, quoting Park v. Giunta, 217 AD3d 661, 662).”
Factual background
The plaintiffs, Maria D. Almonte (driver) and passenger Andre Batista, were traveling in their vehicle when it collided at a four‑way stop with a vehicle owned by First Student, Inc. and driven by Donovan Jermane Davis. The collision occurred in November 2020 in Nassau County.
Procedural history
The Supreme Court, Nassau County granted the defendants' motion for summary judgment dismissing the amended complaint; the appellants appealed.
Remand instructions
The order granting summary judgment is reversed; the defendants' motion for summary judgment dismissing the amended complaint is denied and costs are awarded.