Fraher v. Marquart

Appellate Division of the Supreme Court of New York

Fraher v. Marquart

198 A.D.2d 796, 605 N.Y.S.2d 710

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 19, 1993

StatusPublished

Cited by1 cases

This text of 198 A.D.2d 796 (Fraher v. Marquart) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fraher v. Marquart, 198 A.D.2d 796, 605 N.Y.S.2d 710 (N.Y. Ct. App. 1993).

Pincite

Opinions

—Order affirmed with costs. Memorandum: Under all of the circumstances, the question of defendant James R. Marquart’s negligence was an issue of fact properly submitted to the jury and the jury’s determination is not against the weight of the evidence. The jury reasonably could have determined that defendant was not negligent in making his left turn into the driveway. There was testimony that, before making his turn, defendant had stopped, rolled down his window to listen for vehicles approaching and heard nothing, and that plaintiff Thomas J. Fraher, Jr., drove through the fog at a speed of 50 miles per hour without his headlights on. The jury could have found that, before making his turn, defendant took reasonable precautions and that he could not reasonably have anticipated that someone would drive through the fog at such a rate of speed without headlights on.

All concur except Callahan, J. P., and Fallon, J., who dissent and vote to reverse in the following Memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order affirmed with costs. Memorandum: Under all of the circumstances, the question of defendant James R. Marquart’s negligence was an issue of fact properly submitted to the jury and the jury’s determination is not against the weight of the evidence. The jury reasonably could have determined that defendant was not negligent in making his left turn into the driveway. There was testimony that, before making his turn, defendant had stopped, rolled down his window to listen for vehicles approaching and heard nothing, and that plaintiff Thomas J. Fraher, Jr., drove through the fog at a speed of 50 miles per hour without his headlights on. The jury could have found that, before making his turn, defendant took reasonable precautions and that he could not reasonably have anticipated that someone would drive through the fog at such a rate of speed without headlights on.

All concur except Callahan, J. P., and Fallon, J., who dissent and vote to reverse in the following Memorandum.

Cite This Page — Counsel Stack

Bluebook (online)

198 A.D.2d 796, 605 N.Y.S.2d 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraher-v-marquart-nyappdiv-1993.

Opinions

Related

Cite This Page — Counsel Stack