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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Motor Vehicle Accident: Shanahan v. Mackowiak

Fourth Department — Motor Vehicle Accident: Shanahan v. Mackowiak

Appellate Division, Fourth Department

Motor Vehicle Accident

Emergency Doctrine — Wrongful Death

Shanahan v. Mackowiak
CA 13-00549
Appealed from Supreme Court, Erie County

Background: The plaintiff commenced a wrongful death action for fatal injuries sustained by the decedent in a motor vehicle accident. The decedent had crossed over into the opposite lane of traffic and collided with the defendants. The defendants appealed from the denial of their motion for summary judgment.

Ruling: The Appellate Division reversed. The court found that the decedent’s crossing into the wrong lane was the sole proximate cause of the accident and the defendant did not have time to react to avoid the collision.

James M. Paulino II of Goldberg Segalla for the defendants-appellants; Robert H. Perk for the plaintiff-respondent