Christie v. State

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court erred in finding claimant Joseph Christie contributorily negligent. In our view, the evidence does not support a finding that claimant operated his vehicle so closely behind the tractor trailer which struck the overhead bridge that it constituted an unreasonable and improvident operation of the vehicle (see, Vehicle and Traffic Law § 1129 [a]; Mailler v Mayer, 89 AD2d 784; cf, Pellicano v Lee, 89 AD2d 995). Neither is there evidence to support a finding that…