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Speculation that defendant was speeding not sufficient to raise question of fact on liability where plaintiff made left-hand turn across path of oncoming vehicle

Millers-Francisco v. Abreu, Index No. 300717/2016 (Sup.Ct. Bronx Cty. 2018)

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A Bronx Court granted summary judgment on liability to the defendant driver, dismissing the Complaint, over plaintiff's opposition speculating that defendant might have been speeding.

Plaintiff was allegedly injured in a collision that occurred when plaintiff made a left-hand turn into defendant's lane.

At the conclusion of discovery, defendant moved for summary judgment based upon deposition testimony, and an affidavit, as well as the rest of the evidentiary record. Defendant showed that he had the right of way with a green light and had only a fraction of a second to react when plaintiff turned into his lane. Defendant applied the brakes but to no avail.

The Court held that defendant had established a prima facie case given that, under New York law, "a driver in his or her proper lane is not required to anticipate that an automobile going in the opposite direction will cross over into his or her lane." In opposition, plaintiff failed to show that defendant was in any way negligent.

AGF&J Associate Jay Gunsher briefed and argued the motion.