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Mattis-Loguiratto v. Romano
Citations: 222 A.D.2d 418; 634 N.Y.S.2d 534; 1995 N.Y. App. Div. LEXIS 12567
Court: Appellate Division of the Supreme Court of the State of New York; December 3, 1995; New York; State Appellate Court
In a negligence lawsuit, the plaintiff appeals an order from the Supreme Court of Suffolk County that granted defendant Joseph Romano's cross motion to dismiss the complaint against him. The appellate court affirms the order, noting that the dismissal of the complaint against Romano was appropriate. The incident involved the plaintiff, seated in Romano's vehicle, which was struck head-on by a vehicle driven by defendant Danielle Maynard after it crossed into oncoming traffic. The court emphasizes that a driver like Romano cannot reasonably foresee such an unexpected event. The plaintiff's argument that Romano acted unreasonably in response to the oncoming vehicle is deemed a mere assertion of an error in judgment, which does not establish liability under the circumstances. The court also finds the plaintiff's other arguments lacking merit.