Summary
finding a vehicle traveling in the opposite direction on a roadway is an unexpected situation, warranting the application of the emergency doctrine
Summary of this case from Krynski v. ChaseOpinion
June 17, 1996
Appeal from the Supreme Court, Orange County (Owen, J.).
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
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 A.D.2d 677, 678; Tenenbaum v. Martin, 131 A.D.2d 660, 661; cf., Hornacek v Hallenbeck, 185 A.D.2d 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 A.D.2d 1019; Gouchie v Gill, 198 A.D.2d 862). Miller, J.P., Ritter, Krausman and McGinity, JJ., concur.