Morello v. Spielvogel

The defendant, an operator of a motor vehicle, seeks summary judgment in a personal injury suit brought against him by a pedestrian on the ground that the latter was contributorily negligent as a matter of law when he emerged between two parked buses and was instantly struck nearby the crosswalk. The pedestrian asserts that the traffic light was in his favor when he was compelled to cross as he did because the buses were blocking the crosswalk and because any other crossing would have exposed him to an even greater danger of being struck by vehicles in the stream of traffic. Plaintiff claims…