There are issues of fact as to which driver entered the intersection first, which driver had the right-of-way, and whether plaintiff could have exercised reasonable care to avoid the collision.
Student note: The fact that defendant's approach in the intersection was regulated by a stop sign and no traffic control devices regulated plaintiff's approach is not a basis for awarding plaintiff summary judgment. In addition, even if plaintiff had the right-of-way, she was still obliged to be vigilant for oncoming traffic.
Case: Parris v. Gonzalez-Martinez, NY Slip Op 05104 (1st Dept. 2015)
Here is the decision.
Monday's issue: An action alleging discrimination because of disability.