Madden v. Mullet
Court: Appellate Division of the Supreme Court of the State of New York; January 8, 1995; New York; State Appellate Court
In a personal injury case, the Supreme Court of Nassau County granted summary judgment in favor of defendants William Mullet and Marlene S. Dembski, dismissing the plaintiff's complaint against them. The appeal by defendant Steven S. Cohen was dismissed as he was not aggrieved by the order. The court found that Dembski, who was driving a vehicle owned by Mullet, acted in response to an emergency created by Cohen's dangerous maneuver of entering the northbound lane while attempting to pass other vehicles. Dembski's sudden braking to avoid a collision was deemed a reasonable and prudent action given the circumstances, as she had no viable options to evade the oncoming vehicle—swerving left was impossible due to other cars, and swerving right was blocked by a curb and water. The court concluded that Dembski was not negligent, citing precedent that a driver’s actions in an emergency not of their making constitute a mere error of judgment rather than negligence. The order was affirmed, and costs were awarded to Mullet and Dembski.