Ayers v. O'Brien

OPINION OF THE COURT

Ferris D. Lebous, J.

Plaintiff Marc A. Ayers commenced this action seeking monetary damages for personal injuries suffered in an automobile accident. By way of this motion, plaintiff moves for an order: (1) declaring his conduct was not in reckless disregard for the safety of others, (2) dismissing defendants’ first affirmative defense (ordinary negligence), and (3) dismissing defendants’ fourth affirmative defense (seat belt defense). Defendants James E. O’Brien and Karin A. O’Brien oppose the motion in its entirety.

A bifurcated liability trial was originally scheduled for…