Nelson v. Bestway Coach Express

Order, Supreme Court, Bronx County (Lucy Billings, J.), entered August 16, 2005, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

Plaintiff was injured on June 15, 2003 when, while riding as a passenger in upstate New York on one of defendant bus company’s vehicles driven by codefendant employee Piedecasas, the bus collided with a deer. According to Piedecasas, he saw the deer in time to reduce speed to five miles per hour, but it unexpectedly lunged into the…