Joaquin v. Franco
Court: Appellate Division of the Supreme Court of the State of New York; April 30, 2014; New York; State Appellate Court
In a personal injury case, plaintiffs appealed an order from the Supreme Court of Suffolk County that granted summary judgment in favor of defendants Kristin Marino and Stamina Heating and Cooling, Inc., dismissing the complaint against them. Similarly, defendants Carmelina Franco and Nestor Trejo appealed the dismissal of their cross claims. The court affirmed the order with costs awarded to the prevailing parties. The incident involved Johana Joaquin, a passenger in a vehicle owned by Nestor Trejo and operated by Carmelina Franco, which collided with a vehicle operated by Kristin Marino. The Marino defendants provided evidence, including deposition testimonies, indicating that Franco entered an intersection against a red light, constituting a violation of the Vehicle and Traffic Law and establishing negligence as a matter of law. The appellants failed to present a triable issue of fact in opposition. Their argument that Marino was driving at the posted speed limit of 50 miles per hour was insufficient to establish comparative fault, especially since they did not contend that conditions warranted a lower speed. Additionally, Marino's lack of evasive action prior to the collision did not imply negligence, as a driver with the right-of-way is not expected to avoid a vehicle that fails to yield. Ultimately, the court found that the Marino defendants had demonstrated their entitlement to summary judgment, leading to the dismissal of the complaint and cross claims against them, while dismissing the remaining arguments from the appellants as either meritless or academic.