Dowling v. Consolidated Carriers Corp.

Murphy, P. J. and Kassal, J., dissent in a memorandum by Kassal, J., as follows:

We disagree with the majority that there is a triable issue as to the proximate cause of the accident under the admitted facts of this case. The occurrence resulted not from the position of the buses stopped on the shoulder of the expressway, but from the intervening or superseding negligence of the truck driver, who had taken his eyes off the road and lost control of the truck. In substance, we agree with the decision of Justice Robert E. White, who granted summary judgment dismissing the complaint against the…