Articles Posted in Auto Accidents

In Koenig v. Lee, Decided on July 15, 2008, The 2d. Department dismissed plaintiff’s complaint for personal injuries suffered in an Automobile Accident based on the Emergency Doctrine. The facts set forth by The Court were as follows;

“Here, the evidence submitted by the appellants in support of their motion for summary judgment established that the plaintiff’s vehicle, which had been traveling southbound, was virtually stopped in the left turn lane of the roadway. According to his deposition testimony, as the defendant Song B. Lee drove in the left lane of northbound traffic, he was forced to swerve across the center line. In so doing, his car collided with the plaintiff’s, forcing the plaintiff’s vehicle to move backward and into the left travel lane of the southbound traffic. The appellants’ vehicle, traveling in that lane, then collided with the rear of the plaintiff’s vehicle. According to the plaintiff’s deposition testimony, the second collision occurred one or two seconds after the first. According to the deposition testimony of the appellant Joel H. Cohen, he had no awareness that an accident was taking place until the moment his vehicle collided with the plaintiff’s.”

In dismissing plaintiff’s complaint The Court Held;