Opinion
907
April 15, 2003.
Order, Supreme Court, New York County (Milton Tingling, J.), entered November 21, 2002, which granted plaintiff's motion for partial summary judgment as to liability, unanimously affirmed, without costs.
David M. Schuller, for plaintiff-respondent.
Michael J. White, for defendants-appellants.
Before: Tom, J.P., Saxe, Williams, Lerner, Marlow, JJ.
Plaintiff, by demonstrating that defendants' moving car struck head-on into her and her parked car, made out a prima facie case of negligence (see Johnson v. Phillips, 261 A.D.2d 269, 271). The burden then shifted to the defense to "provide a non-negligent explanation, in evidentiary form, for the collision" (id.). Defendants failed to sustain that burden. Wet, slippery roadway conditions do not, alone, constitute an adequate non-negligent explanation, absent proof that the condition was unanticipated (see Smith v. Perfectaire Co., 270 A.D.2d 410). The record warrants the inference, as a matter of law, that defendant driver knew the road from previous visits, was aware that the road curved, knew or should have known that the pavement was slushy, admittedly knew that oncoming cars were driving toward the center meridian line, and therefore should have anticipated the circumstances causing the skid, which he admitted in deposition to have been the cause of the accident. We have considered defendants' remaining arguments, including that as to comparative negligence, and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.