Practice point: Plaintiff established her entitlement to summary judgment on the issue
of liability as against defendant-driver based on his violation of Vehicle and
Traffic Law (VTL) § 1180(a), which provides that "[n]o person shall
drive a vehicle at a speed greater than is reasonable and prudent under
the conditions and having regard to the actual and potential hazards
then existing." Plaintiff's affidavit stated that after the
accident, defendant-driver apologized to her for partly causing the accident by going 50 mph in a 30 mph zone. The statement is admissible as
a party admission, and is sufficient to establish a violation of VTL § 1180(a).
Student note: A violation of traffic law, absent an excuse, constitutes negligence,
and therefore plaintiff established a prima facie case of negligence.
Case: Delgado v. Martinez Family Auto, NY Slip Op 00172 (1st Dept. 2014).
Here is the decision.
Tomorrow's issue: A motion to compel arbitration.
