Monday, November 23, 2015

Operating a vehicle with the right-of-way.

Practice point:  An operator of a motor vehicle traveling with the right-of-way has an obligation to keep a proper lookout and to see what can be seen through the reasonable use of his or her senses to avoid colliding with other vehicles.

Student note:  As there can be more than one proximate cause of an accident, a plaintiff moving for summary judgment on the issue of liability has the burden of establishing, prima facie, not only that the defendant was negligent, but that the plaintiff was free from comparative fault.  Generally, the issue of comparative fault is a jury question.

Case:  Jones v. Pinto, NY Slip Op 08147 (2d Dept. 2015)

Here is the decision.

Tomorrow's issue:  Expert witness testimony in a medical malpractice action.