Opinion
2012-12-19
Arthur J. DORAN III, et al., appellants, v. Raymond WELLS, respondent.
Tomkiel & Tomkiel, P.C., Scarsdale, N.Y. (Matthew Tomkiel of counsel), for appellants. Baxter, Smith & Shapiro, P.C., White Plains, N.Y. (Kimberley A. Carpenter of counsel), for respondent.
Tomkiel & Tomkiel, P.C., Scarsdale, N.Y. (Matthew Tomkiel of counsel), for appellants. Baxter, Smith & Shapiro, P.C., White Plains, N.Y. (Kimberley A. Carpenter of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, L. PRISCILLA HALL, and PLUMMER E. LOTT, JJ.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered December 6, 2011, which denied their motion for summary judgment on the issue of liability.
ORDERED that the order is affirmed, with costs.
On their motion for summary judgment on the issue of liability, the plaintiffs established their prima facie entitlement to judgment as a matter of law by demonstrating that the injured plaintiff's vehicle was fully stopped at a red traffic light when it was struck in the rear by the defendant's vehicle ( see Tutrani v. County of Suffolk, 10 N.Y.3d 906, 908, 861 N.Y.S.2d 610, 891 N.E.2d 726;Pollard v. Independent Beauty & Barber Supply Co., 94 A.D.3d 845, 845–846, 942 N.Y.S.2d 360;Balducci v. Velasquez, 92 A.D.3d 626, 628–629, 938 N.Y.S.2d 178). However, in opposition, the defendant, who allegedly experienced a hypoglycemic attack immediately before the accident, raised a triable issue of fact as to whether he suffered a sudden and unforeseeable medical emergency that constituted a nonnegligent explanation for the accident ( see Romero v. Metropolitan Suburban Bus Auth., 25 A.D.3d 683, 684, 811 N.Y.S.2d 692;Estate of Marone v. Chaves, 306 A.D.2d 372, 373, 760 N.Y.S.2d 860;Thomas v. Hulslander, 233 A.D.2d 567, 568, 649 N.Y.S.2d 252). Accordingly, the Supreme Court properly denied the plaintiffs' motion for summary judgment on the issue of liability.