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Dalchand v. Missigman

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 956 (N.Y. App. Div. 2001)

Opinion

(1494) CA 01-01017.

November 9, 2001.

(Appeal from Order of Supreme Court, Onondaga County, McCarthy, J. — Summary Judgment.)

PRESENT: PIGOTT, JR., P.J., WISNER, HURLBUTT, KEHOE AND LAWTON, JJ.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the cross motion of Constance Missigman (defendant) to amend her answer to add an affirmative defense based upon the medical emergency doctrine. A driver "who experiences a sudden medical emergency will not be chargeable with negligence provided that the medical emergency was unforeseen" (1A N Y PJI 218 [3d ed 2001]; see also, Ficorilli v. Thomsen, 262 A.D.2d 602, 603; State of New York v. Susco, 245 A.D.2d 854, 855). According to her deposition testimony, defendant was stopped in traffic behind the stopped vehicle of plaintiff Chandra Dalchand and experienced a painful foot cramp that caused her foot to slip from the brake. Based on that deposition testimony, defendant is entitled to assert the affirmative defense of medical emergency ( see, Reeg v. Hodgson, 1 Ohio App.2d 272, 274, 202 N.E.2d 310, 313).


Summaries of

Dalchand v. Missigman

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 956 (N.Y. App. Div. 2001)
Case details for

Dalchand v. Missigman

Case Details

Full title:CHANDRA DALCHAND AND RAYMOND DALCHAND, PLAINTIFFS-APPELLANTS, v. CONSTANCE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 9, 2001

Citations

288 A.D.2d 956 (N.Y. App. Div. 2001)
732 N.Y.S.2d 791

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