Under the doctrine, when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor will not be negligent if, in context, the actor's actions are reasonable and prudent.
Practice point: A driver traveling on a road controlled by a stop
sign who fails to yield the right of way is in violation of Vehicle and
Traffic Law § 1142(a), and is negligent as a matter of law.
Student note: If the offending vehicle's driver blames brake failure, the driver must show that the brake problem was unanticipated.
Case: D'Augustino v. Bryan Auto Parts, Inc., NY Slip Op 05708 (2d Dep't July 19, 2017)
Here is the decision.
Monday's issue: Routine maintenance and a Labor Law claim.
