Abrams v. Gerold

Nunez, J. (dissenting).

I would affirm. Defendant-appellant Roseann Gerold had been a licensed operator only a few weeks prior to the accident herein. The jury, accepting as true evidence that the traffic light was green in her favor and red against the truck, as she entered the intersection, was free to conclude that she saw (as she testified) the truck entering the intersection in time to avoid the collision had she exercised reasonable care. The fact that the light was in her favor did not absolve her of using due care to avoid the accident if possible. (See Ferraro v. Garden City Park Fire…