Practice point: A driver traveling with the right-of-way may be found to have contributed to the happening of the
accident if he or she did not use reasonable care to avoid the accident. However, a driver with the right-of-way who has only seconds to
react to a vehicle that has failed to yield is not comparatively
negligent for failing to avoid the collision.
Student note: Even where there is evidence that another driver involved
in the accident was negligent as a matter of law due to a violation of
the Vehicle and Traffic Law, the proponent of a summary judgment motion
has the burden of establishing, as a matter of law, freedom from comparative negligence.
Case: Desio v. Cerebral Palsy Transp., Inc., NY Slip Op 07322 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: An injured firefighter's right of action.
