Rucker v. Allis

—Order unanimously reversed on the law without costs, motion denied, cross motions granted and complaint and cross claims against defendants Bernard Potter and Town of Somerset dismissed. Memorandum: Plaintiff commenced this action to recover for the alleged conscious pain and suffering and wrongful death of Michael J. Rucker (decedent), whose motorcycle collided head-on with a minivan operated by defendant Virginia E. Allis on a highway maintained by defendant Town of Somerset (Town). The collision occurred as Allis attempted to pass a slow-moving tractor driven by defendant Bernard Potter.

Su…