Hollenbaugh v. Frontier Asphalt, Inc.

Order unanimously affirmed with costs. Memorandum: In these consolidated actions arising out of a fatal motor vehicle accident, defendants Chemical Waste Management and its employee Gordon Whitt appeal from an order that denied their motions for summary judgment dismissing the complaint against them in each action. Those defendants argue that Whitt could not have avoided the accident, that he responded appropriately in the face of an emergency, and that he was thus free from negligence as a matter of law.

As limited by the discontinuance of the complaints against it, defendant Conesus Coal and…