Barney v. Barney

Appeal from an order of the Supreme Court (Ryan, Jr., J.), entered January 5, 1994 in Franklin County, which denied plaintiffs’ motion for partial summary judgment on the issue of liability.

The issue on this appeal is whether Supreme Court correctly determined that plaintiffs, on their motion for partial summary judgment in this action for wrongful death and conscious pain and suffering, failed to meet their burden of establishing defendant’s negligence as a matter of law. The underlying facts are straightforward. It appears that defendant fell asleep as she was operating her vehicle in the…