Narrative Opinion Summary
The case involves an appeal by Richard D. Robbins against a denial of his motion for summary judgment in a lawsuit concerning personal injuries and wrongful death resulting from a vehicular accident. Robbins was driving on Avenue of the Americas when a collision occurred between a Pontiac Grand Am and a yellow cab, resulting in a passenger's death. The deceased passenger's estate filed a complaint alleging Robbins' negligence. Robbins sought summary judgment, arguing that evidence, including affidavits from witnesses and involved parties, indicated the accident involved only two vehicles initially, and his actions during the emergency situation did not constitute negligence. The Supreme Court of Kings County initially denied the motion, but upon appeal, the court reversed the decision, granting summary judgment and dismissing the complaint against Robbins. The court found that any potential contact Robbins' jeep may have had was during an emergency beyond his control, and his conduct did not amount to negligence, effectively severing the case against him from other defendants.
Legal Issues Addressed
Evidentiary Support for Dismissalsubscribe to see similar legal issues
Application: Robbins supported his motion with affidavits and evidence demonstrating the accident involved only two vehicles initially, thereby negating his involvement.
Reasoning: Robbins argued for summary judgment based on affidavits from himself and the witnesses, as well as evidence suggesting that both Capobianco and Lominy initially believed only two vehicles were involved in the accident.
Negligence in Emergency Situationssubscribe to see similar legal issues
Application: The court determined that any contact Robbins' vehicle had with others was during an emergency situation beyond his control, which did not constitute negligence.
Reasoning: The court found that any minor contact Robbins' jeep had with the other vehicles occurred during an emergency situation beyond his control, and any judgment error he made did not amount to negligence.
Summary Judgment Motionsubscribe to see similar legal issues
Application: The court granted Robbins' motion for summary judgment, finding no triable issues of fact regarding his alleged negligence in the accident.
Reasoning: Richard D. Robbins appeals an order from the Supreme Court, Kings County, which denied his motion for summary judgment to dismiss a complaint filed against him related to personal injuries and wrongful death. The order is reversed, the motion is granted, and the complaint against Robbins is dismissed, with the action against other defendants severed.