Thursday, January 19, 2017

A traffic violation and negligence per se.

Practice point:  Vehicle and Traffic Law § 1141 provides, in pertinent part, that "[t]he driver of a vehicle intending to turn to the left within an intersection . . . shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard."  A violation of this statute constitutes negligence per se.

Case:  Al-Mamar v. Terrones, NY Slip Op 00140 (2d Dep't January 11, 2017)

Here is the decision.

Tomorrow's issue:  Force majeure clauses.