Vatter v. Gibson

228 A.D.2d 581, 644 N.Y.2d 545, 644 N.Y.S.2d 545, 1996 N.Y. App. Div. LEXIS 7110

Opinion

Contrary to the plaintiff’s contention, the Supreme Court properly awarded summary judgment in favor of the defendants. The defendants were driving their vehicles in a northbound direction on Route 17 in Paramus, New Jersey when a driver entered onto Route 17 and proceeded in a southbound direction in the northbound lanes, causing the defendants to collide with the plaintiff’s vehicle, which was also traveling northbound on Route 17. A driver is not required to anticipate that an automobile will enter the roadway traveling in the opposite direction. Such a scenario presents an emergency situation and the actions of the driver presented with such a situation must be judged in that context (see, Glick v City of New York, 191 AD2d 677, 678; Tenenbaum v Martin, 131 AD2d 660, 661; cf., Hornacek v Hallenbeck, 185 AD2d 561). Here, the defendants were faced with an emergency when the offending vehicle entered Route 17 and traveled in the wrong direction and the plaintiff failed to raise a triable issue of fact concerning any possible negligence of the defendants that might have contributed to the accident (see, Moshier v Phoenix Cent. School Dist., 199 AD2d 1019; Gouchie v Gill, 198 AD2d 862). Miller, J. P., Ritter, Krausman and McGinity, JJ., concur.