PIERVINANZI v. TEXTILE MOTOR EXPRESS, INC

We agree with the trial court that the credible evidence showed that any fault on the part of defendant truck drivers in stopping their vehicles on the highway to make emergency repairs was at most "very minor", and that plaintiff's failure to drive a sufficient distance behind another vehicle despite light early morning traffic or pay attention to the road ahead of him "was clearly the far greater fault". Plaintiff's summation arguments that the individual defendant and his nondefendant partner were at fault for failing to do things not shown to be mechanically possible were improper, and also warrant a new trial (see, Bromberg v City of New York, 25 A.D.2d 885).

Concur — Murphy, P.J., Sullivan, Rosenberger, Ross and Rubin, JJ.