Boykins v. Washousky

• Decision Date: 30 September 2019
• Docket Number: Index 615404/2017
• Citation: 2019 NY Slip Op 34488 (U)
• Parties: The Estate of DAYQUON BOYKINS, by his Mother, Natural Guardian and Appointed Administrator NADINE BOYKINS, Plaintiff, v. CHRISTOPHER WASHOUSKY and STACY A. WASHOUSKY, Defendants.
• Court: New York Supreme Court

2019 NY Slip Op 34488(U)

The Estate of DAYQUON BOYKINS, by his Mother, Natural Guardian and Appointed Administrator NADINE BOYKINS, Plaintiff,
v.
CHRISTOPHER WASHOUSKY and STACY A. WASHOUSKY, Defendants.

Index No. 615404/2017

Supreme Court, Suffolk County

September 30, 2019

Unpublished Opinion

Motion Date: 1/31/19

Calendar No.: 201801717MV

Motion Seq. No.: 001 MG; CASEDISP

Plaintiff's Attorneys:

Henry W. Davoli, Jr., PLLC

Defendants' Attorneys:

Schondebare & Korcz, PC

PRESENT: HON. PAUL J. BAISLEY, JR., J.S.C.

PAUL J. BAISLEY JR., JUDGE

Upon the following papers read on this motion for summary judgment: Notice of Motion/ Order to Show Cause and supporting papers by defendants, dated December 19, 2018; Answering Affidavits and supporting papers by plaintiff, dated December 28, 2018; Replying Affidavits and supporting papers ___; Other___; (and after bearing counsel in support and opposed to the motion) it is, ORDERED that the motion (motion seq. no. 001) of defendants Christopher Washousky and Stacy A. Washousky for summary judgment is granted.

This is an action to recover damages for personal injury and wrongful death allegedly sustained by plaintiffs decedent, Dayquon Boykins ("Boykins"), as a result of a motorcycle accident which occurred on May 12, 2017, on Station Road in Bellport, New York. It is alleged that the accident occurred when the motorcycle operated by Boykins collided with the minivan owned by defendant Christopher Washousky and operated by defendant Stacy A. Washousky as defendants' vehicle was making a left turn from the southbound lane of Station Road into a parking lot. It is undisputed that, prior to the accident, Boykins was operating his motorcycle in the southbound lane of Station Road behind a vehicle operated by non-party Anthony Rios, which was traveling behind Washousky's vehicle. It is further undisputed that Boykins crossed over the double yellow line into the northbound lane on Station Road prior to striking the driver's side of defendants' vehicle. As a result of the impact, Boykins was propelled off of his motorcycle and tragically died at the scene.

Defendants now move for summary judgment dismissing plaintiffs claims on the grounds that plaintiff cannot establish a. prima facie case of negligence against defendants, that the plaintiffs negligence was the sole proximate cause of the accident, and that Stacy Washousky was faced with an emergency and is free from liability for the accident. Defendants' submissions

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in support of their motion include the pleadings, the deposition transcripts of Stacy Washousky and non-party Anthony Rios, and the certified police accident report. Defendants also submit the deposition transcript of police officer Evan Wines, who responded to the accident.

Stacy Washousky testified that the subject accident occurred on May 12, 2017, at approximately 4:10 p.m. At the time of the accident, Ms. Washousky was taking her daughter to Gymnast Gymnastics Center ("Gymnast"). She testified that she made a right turn from Horseblock Road onto Station Road, which is a two-way street with one northbound lane and one southbound lane divided by a double yellow line. The traffic on Station Road was light and there were no vehicles traveling in front of her. Ms. Washousky testified that she traveled in the southbound lane of Station Road for three to four minutes. As she approached the parking lot for Gymnast on her left, she turned her directional on and decreased her speed from 30 miles per hour to between five and ten miles per hour. She testified that she was looking forward as she prepared to turn left and observed that there was no traffic in the northbound lane of Station Road. Ms. Washousky further testified that, as she made the left turn into the parking lot of Gymnast, there was a loud crash and something impacted the left side of her vehicle, between the driver and passenger doors. Her vehicle was in the middle of her turn and was traveling approximately five miles per hour at the time of the impact. After the impact, Ms. Washousky pulled over into the driveway of the parking lot, and she and her daughter exited her vehicle. She testified that she did not see the motorcycle which struck her vehicle prior to the accident.

Anthony Rios testified at a non-party deposition in this matter. Mr. Rios testified that his vehicle was the first car stopped at a traffic light on the southbound lane of Station Road, at its intersection with Horseblock Road, approximately one mile from the area where the accident occurred. As Mr. Rios was stopped at the traffic light, he heard a motorcycle revving its engine behind him; and he observed the motorcycle pass two cars and come to a stop behind his vehicle. Mr. Rios testified that, while stopped for the traffic light, he also observed a minivan turn right onto Station Road from Horseblock Road. When the traffic light turned...