Results

Plaintiff passenger sued pursuant to Insurance Law § 5102(d) claiming that she suffered a serious injury following a motor vehicle accident in Queens County, New York.  Following depositions of the Plaintiff and Defendant, both testimonies supported the fact that Defendant’s vehicle never left its lane while the driver of Plaintiff’s vehicle contacted Defendant’s vehicle when attempting to change lanes.  Rob filed for summary judgment arguing that Defendant had the “right-of-way” and is “entitled to anticipate that other drivers will obey the traffic laws requiring them to yield to the driver with the right-of-way.”  VTL § 1128(a).  Although there is a requirement for drivers to use reasonable care to avoid a collision, Rob argued that the evasive maneuvers taken by the Defendant were sufficient to satisfy this burden.  The Court agreed and granted the motion dismissing the plaintiff’s case.