Practice point: The defendant established her prima facie entitlement to judgment as a
matter of law by demonstrating that the injured plaintiff proceeded
into the intersection without yielding the right of way, in violation of
Vehicle and Traffic Law § 1142(a). The evidence submitted by the defendant demonstrated, prima facie, that the sole proximate cause of the accident
was the injured plaintiff's failure to properly observe and yield to
cross traffic before proceeding into the intersection. In opposition, the plaintiffs failed to raise a triable issue of fact with respect to the defendant's alleged comparative fault.
Student note: The plaintiffs' contention that the defendant
violated Vehicle and Traffic Law § 1140 was unavailing, as this
section does not apply to intersections, such as the subject
intersection, that are controlled by stop signs, pursuant to Vehicle and Traffic Law § 1140[c]. Their argument that the defendant violated Vehicle and
Traffic Law § 1180 is speculative, as there was no evidence that the
defendant was traveling at a speed greater than was reasonable and
prudent under the conditions, and without regard to the actual and
potential hazards then existing.
Case: Galvis v. Ravilla, NY Slip Op 07153 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Prior written notice laws.
