Scahill Law Group P.C. | New York Trial Attorneys

Bunch v. Gwood, 202 A.D.3d 1036 (2d Dept 2022)

In this multiple fatality case, commercial co-defendant’s motion for summary judgment was denied, and plaintiff’s motion was granted, finding all defendants liable as a matter of law.  The Appellate Division affirmed. 

Plaintiffs’ decedent was a passenger in defendant’s vehicle, when the vehicle collided with co-defendant’s garbage truck, which was travelling in the oncoming direction and making a left-turn in front of defendant.  Defendant was driving under the influence, and allegedly racing another vehicle at the time of this accident, and subsequently pled guilty to criminal charges from the multiple fatalities.  However, defendant was still entitled to the right of way.  “Pursuant to Vehicle and Traffic Law § 1141, "[t]he driver of a vehicle intending to turn to the left within an intersection ... shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard." " ‘The operator of an oncoming vehicle with the right-of-way is entitled to assume that the opposing operator will yield in compliance with the Vehicle and Traffic Law’ "

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