Whitely v. Lobue
| Decision Date | 23 April 1969 |
| Citation | 301 N.Y.S.2d 635,24 N.Y.2d 896 |
| Parties | , 249 N.E.2d 476 Roberta WHITELY et al., Appellants, v. Andrew LOBUE et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 30 A.D.2d 552, 291 N.Y.S.2d 791.
Austin & DuPont, Mineola (James F. Niehoff, Mineola, of counsel), for plaintiffs-appellants.
Leahey & Johnson, New York City (Asher Marcus, New York City, of counsel), for defendants-respondents.
Action was brought to recover damages for personal injuries to plaintiff driver and his two infant children who were passengers in automobile and for loss of services and medical expenses incurred by the plaintiff and his wife when eastbound automobile being operated next to grass divider by plaintiff driver was struck by defendant's westbound automobile which left westbound lane, crossed divider strip and crashed into plaintiff's automobile. The defendant driver had stated that she must have looked away for a moment and realized that the preceding westbound automobile was too close so she put on her brakes real hard and struck her head.
The Supreme Court, Special Term, Nassau County, Joseph Liff, J., 59 Misc.2d 755, 300 N.Y.S.2d 907, entered order which, on reargument, adhered to original decision granting plaintiffs' motion for summary judgment.
The Appellate Division entered order on May 13, 1968, which, insofar as appealed from, reversed order of the Special Term granting plaintiffs' motion for summary judgment, and the question certified by the Appellate Division: 'Was the order of this court, dated May 13, 1968, properly made?'
The plaintiffs appealed to the Court of Appeals contending that there was no issue of material fact presented in case to justify a jury trial on the subject of liability as the only reasonable inference to be drawn was that of negligence on part of defendant driver proximately causing the accident.
Order reversed, without costs, and the order of Special Term reinstated on the opinion at Special Term. Question certified answered in the negative.
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