Ohl v. Smith 186 N.Y.S. 3d 721, (N.Y. App. Div. 3d Dept. 2023)

The plaintiff was the front seat passenger of a vehicle that turned left in front of the defendant. The defendant claimed he had the right-of-way, and thus moved for summary judgment on the basis that he was faced with a sudden emergency and should be absolved of liability. The trial court denied the defendant’s motion, contending that he should have anticipated the driver of the plaintiff’s vehicle would turn left in front of him.

The Supreme Court of New York, Appellate Division reversed, holding that the defense, that the driver of the plaintiff’s vehicle failed to yield to the right-of-way and turned directly in front of him, shifted the burden to the plaintiff to demonstrate a triable issue of fact on the issue of the defendant’s comparative fault. The plaintiff failed to do so; therefore, summary judgment was appropriate.