Opinion
602 CA 14-01889
06-12-2015
Charles M. ALBERT, Plaintiff–Respondent, v. Kathleen A. MACHOLS, Defendant–Appellant.
Osborn, Reed & Burke, LLP, Rochester (Michael A. Reddy of Counsel), for Defendant–Appellant. Law Office of Frank G. Montemalo, PLLC, Rochester (Frank G. Montemalo of Counsel), for Plaintiff–Respondent.
Osborn, Reed & Burke, LLP, Rochester (Michael A. Reddy of Counsel), for Defendant–Appellant.
Law Office of Frank G. Montemalo, PLLC, Rochester (Frank G. Montemalo of Counsel), for Plaintiff–Respondent.
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, SCONIERS, and VALENTINO, JJ.
Opinion
MEMORANDUM:Plaintiff commenced this action seeking damages for injuries he sustained when the vehicle he was operating collided head-on with a vehicle operated by defendant. Supreme Court erred in denying defendant's motion seeking summary judgment dismissing the complaint. Defendant met her initial burden by establishing as a matter of law that the emergency doctrine applied (see generally Caristo v. Sanzone, 96 N.Y.2d 172, 174, 726 N.Y.S.2d 334, 750 N.E.2d 36 ), i.e., she established that she was operating her vehicle in a lawful and prudent manner when plaintiff's vehicle suddenly and without warning crossed into her lane of travel, and there was nothing she could have done to avoid the collision (see Hill v. Cash, 117 A.D.3d 1423, 1426, 985 N.Y.S.2d 345 ; Wasson v. Szafarski, 6 A.D.3d 1182, 1183, 776 N.Y.S.2d 423 ). “Although ‘it generally remains a question for the trier of fact to determine whether an emergency existed and, if so, whether the [driver's] response was reasonable’ ..., we conclude that summary judgment is appropriate here because defendant[ ] presented ‘sufficient evidence to establish the reasonableness of [her] actions [in an emergency situation] and there is no opposing evidentiary showing sufficient to raise a legitimate question of fact’ ” (Shanahan v. Mackowiak, 111 A.D.3d 1328, 1329–1330, 974 N.Y.S.2d 710 ).
It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the complaint is dismissed.