Legal Opinion
Quintavalle v. Perez
Appellate Division of the Supreme Court of the State of New York
Decided April 26, 2016No. 303665/14 794PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
This appeal requires us to consider the application of case law holding that a pedestrian who crosses in the crosswalk with the right-of-way may still be held comparatively negligent, if he failed to notice an oncoming vehicle that could be seen by the use of ordinary attention. On the facts presented here, that case law is not determinative, and therefore, as a matter of law plaintiff is not comparatively negligent based on a failure to notice and avoid a vehicle that came up from behind him, striking him as the vehicle turned into the crosswalk. Indeed, the…
2Cases cited6 opinions
- Thoma v. RonaiNew York Court of Appeals · 1993
- Thoma v. RonaiAppellate Division of the Supreme Court of the State of New York · 1993
- Schmidt v. S. M. Flickinger Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Perez-Hernandez v. M. Marte Auto Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Counihan v. J. H. Werbelovsky's Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
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3Cited by4 opinions
- Pai v. Reliant Transp., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
- Shin v. LjuljaAppellate Division of the Supreme Court of the State of New York · 2023
- Shin v. LjuljaAppellate Division of the Supreme Court of the State of New York · 2023
- Wray v. GalellaAppellate Division of the Supreme Court of the State of New York · 2019