Johnson v. Time Warner Entertainment

I respectfully dissent because I conclude that plaintiff raised triable issues of fact through the conflicting, and in some respects similar, statements of defendant William E. Lonkey and plaintiff regarding, inter alia, Lonkey’s speed, the distance at which Lonkey first saw the truck in which plaintiff was a passenger, and the time Lonkey had to stop or take evasive action. I would therefore reverse the order, deny defendant’s motion for summary judgment, and reinstate the complaint.

Lonkey stated in an affidavit and testified at his deposition that he was traveling 30 to 35 miles per hour in…