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Decisive Appellate Decision for Andrea E. Ferrucci

December 4, 2015
By: Frank Scahill

 

Decisive Appellate Decision for Andrea E. Ferrucci: Congratulations to Andrea Ferrucci for a decisive victory in the Appellate Division Second Department November 18, 2015 decision of Ming v. Grossman (2015 NY Slip Op 08404) where summary judgment was granted to our client on the application of the emergency doctrine. The emergency doctrine acknowledges that when an actor is confronted with a sudden and unanticipated situation, which leaves little or no time for deliberation and requires him to make a speedy decision without weighing alternative courses of conduct, the actor may not be liable for negligence if the actions taken are reasonable and prudent when evaluated in the context of the emergency conditions. (see Rivera v New York City Tr. Auth., 77 NY2d 322, 327; Amaro v City of New York, 40 NY2d 30, 36; Marri v New York City Tr. Auth., 106 AD3d 699, 700). Under appropriate circumstances, the existence of an emergency, as well as the reasonableness of the actor's response to it, may be determined as a matter of law. (see Majid v New York City Tr. Auth., 128 AD3d 648, 649; Bello v Transit Auth. of N.Y. City, 12 AD3d 58, 60); Wu Kai Ming v. Grossman, No. 2015-00674, 2015 WL 7264931 (N.Y. App. Div. Nov. 18, 2015). This case involved a motor vehicle collision which occurred when the defendant, who was operating his vehicle on an exit ramp off the Grand Central Parkway, was allegedly suddenly and without warning cut off by a sedan which veered in front of him, blocking both lanes of travel on the ramp. The defendant applied his brakes hard and swerved to the right, thereby avoiding a collision with the sedan, but the defendant's vehicle was then struck in the rear by the plaintiff's minivan, which had been traveling in the right lane of the ramp and was unable to stop in time. Wu Kai Ming (supra).

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