Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

SCHISKIE v. FERNAN

Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 2000
Important Paras
Please sign up to view Important Paras.
DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

A verdict should not be set aside as against the weight of the evidence unless the evidence so preponderates in favor of the moving party that it could not have been reached upon any fair interpretation of the evidence (see, Nicastro v. Park, 113 A.D.2d 129). Contrary to the plaintiff's contention, the Supreme Court properly denied her motion to set aside the verdict, since it could have been reached on a fair interpretation of the evidence. A vehicle approaching an intersection must yield the right-of-way to a vehicle already in the intersection. Even where, as here, a driver has a green light in his or her favor, he or she must exercise reasonable care to avoid a collision with another vehicle in the intersection (see, Vehicle and Traffic Law ยง 1111[a][1]; see also, Redcross v. State of New York, 241 A.D.2d 787, 790-791). Under the circumstances of this case, it was reasonable for the jury to conclude that the plaintiff's conduct in proceeding into the intersection after the light turned green but while her view of traffic was completely obstructed was the sole proximate cause of the accident (see, Redcross v. State of New York, supra).

The plaintiff's remaining contentions are without merit.