Practice point: The doctrine holds that persons faced with a sudden and unexpected circumstance, not of their own making, that leaves them with little or no time for reflection or reasonably causes them to be so disturbed that they are compelled to make a quick decision without weighing alternative courses of conduct, may not be held negligent if their actions are reasonable and prudent in the context of the emergency.
Here, the Appellate Division affirmed dismissal, noting that, in support of their motion, the defendants submitted the transcripts the deposition testimony of the injured plaintiff and of a nonparty witness. This testimony established that the vehicle in which the plaintiff was a passenger had been traveling behind the tractor trailer driven by the defendant, in the same lane. The tractor trailer, with its full load of gravel in the 28-foot long attached dump trailer, weighed 102,000 pounds. The vehicle moved into the lane to the left of the tractor trailer, passed the tractor trailer, and attempted to move back into the lane of the tractor trailer in order to access an exit ramp on the right. The defendant testified that he first saw the vehicle as a "blur" to his left and three seconds later, despite slamming on his brakes, the tractor trailer made contact with the vehicle when the vehicle attempted to move into his lane. The nonparty witness testified that the vehicle suddenly crossed in front of the tractor trailer, creating a "risky" situation in which an accident was "imminent." The Appellate Division found that this evidence was sufficient to establish, prima facie, that the defendant was confronted with a sudden and unexpected circumstance not of his own making and that, under the circumstances, his actions were reasonable and prudent.
Student note: As the affidavit of the plaintiffs' accident reconstruction expert was conclusory and speculative, it was insufficient to raise a triable issue of fact.
Case: Bonforte v. M.K.'s Landscaping of Liberty, LLC, NY Slip Op 06702 (2d Dept. 2015)
Monday's issue: Summary judgment on a 240(1) Labor Law claim.
