Practice point: There can be more than one proximate cause of an accident, and both drivers have a duty to exercise reasonable care under the circumstances to avoid an accident. As a result, even where there is evidence that another driver involved
in the accident was negligent as a matter of law, the proponent of a summary judgment motion
has the burden of establishing freedom from comparative negligence as a
matter of law. So, a driver traveling with the right-of-way may nevertheless
be found to have contributed to the happening of the accident if he or
she did not use reasonable care to avoid the accident.
Student note: A violation of the Vehicle and Traffic Law constitutes negligence as a matter of law.
Case: Adobea v. Junel, NY Slip Op 01143 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: A motion for voluntary discontinuance.
