Lauricella v. McKinney

—Order unanimously affirmed with costs. Memorandum: Plaintiff commenced this action to recover damages for personal injuries that he sustained in a one-car accident in the State of Michigan. The automobile in which plaintiff was a passenger struck a pool of water during a heavy rainstorm, spun out of control and rolled over. Defendants moved for summary judgment dismissing the complaint based on the “sudden emergency doctrine” under Michigan law (see, Moore v Spangler, 401 Mich 360, 382-383, 258 NW2d 34, 43; Vander Laan v Miedema, 385 Mich 226, 231-232, 188 NW2d 564, 567). Supreme Court…