Pujols v Westchester County Dept. of Pub. Works & Transp.

Annotate this Case

Download PDF

Pujols v Westchester County Dept. of Pub. Works & Transp. 2021 NY Slip Op 33336(U) May 27, 2021 Supreme Court, Westchester County Docket Number: Index No. 70381/2018 Judge: Charles D. Wood Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: WESTCHESTER COUNTY CLERK 05/27/2021 12:33 PM NYSCEF DOC. NO. 37 INDEX NO. 70381/2018 RECEIVED NYSCEF: 05/27/2021 commence the statutory statutory time time period period for appeals appeals as of of To commence right (CPLR (CPLR 55 13[a)), 13[a)), you you are are advised serve a copy of advised to serve copy of right this order, order, with with notice notice of of entry, entry, upon parties. this upon all parties. SUPREME COURT COURT OF OF THE THE ST STATE OF NEW NEW YORK YORK SUPREME ATE OF COUNTY OF WESTCHESTER WESTCHESTER COUNTY OF ---------------------------------------------------------------------x ---------------------------------------------------------------------x FIRJIA MERCEDES MERCEDES PUJOLS, PUJOLS, FIRJIA Plaintiff, Plaintiff, -against-againstDECISION & ORDER DECISION ORDER Index No. 70381/2018 Index No. 70381/2018 Sequence No.11 Sequence No. WESTCHESTER COUNTY COUNTY DEPARTMENT DEPARTMENT OF OF PUBLIC PUBLIC WESTCHESTER WORKS AND AND TRANSPORTATION, TRANSPORTATION, COUNTY OF WORKS COUNTY OF WESTCHESTER, WESTCHESTER WESTCHESTER COUNTY BEELINE COUNTY BEELINE WESTCHESTER, SYSTEM, LIBERTY LIBERTY LINES LINES TRANSIT, TRANSIT, INC. INC. and and BUS SYSTEM, STEPHEN CARTY, CARTY, STEPHEN Defendants. Defendants. ---------------------------------------------------------------------------x ---------------------------------------------------------------------------x WOOD,J. WOOD,J. New Yark State State Courts Courts Electronic Electronic Filing Filing ("NYSCEF") ("NYSCEF") Document Document Numbers Numbers 21-36, were New York 21-36, were connection with with defendants' defendants' summary summary judgment motion on the issue issue of of liability. liability. read in connection judgment motion action for personal personal injuries injuries arising arising on November 11,2017, from defendants' defendants' bus This is an action November 11 , 2017, from bus purportedly sudden sudden and abrupt abrupt stopping stopping and swerving. that time, time, a Liberty Liberty Lines Lines Transit Transit bus purportedly swerving. At that operated by Stephen Stephen Carty, which the plaintiff plaintiff was a passenger, passenger, was was traveling traveling westbound westbound on operated Carty, in which Main Street, Rochelle, proceeding proceeding thru thru the intersection intersection with with Kings Kings Highway, Highway, when Main Street, New New Rochelle, when a vehicle suddenly suddenly pulled pulled out of Kings Highway Highway directly front of the Liberty Liberty Lines Lines Transit vehicle of Kings directly in front of the Transit bus, bus, causing the bus driver, driver, Carty Carty to brake brake and swerve swerve so as to avoid collision. causing avoid a collision. Upon the foregoing foregoing papers, papers, the motion motion is decided decided as follows: follows: Upon 11 [* 1] 1 of 4 INDEX NO. 70381/2018 FILED: WESTCHESTER COUNTY CLERK 05/27/2021 12:33 PM NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 05/27/2021 make a "prima must make A proponent summary judgment motion must "prima facie showing showing of of judgment motion of a summary proponent of entitlement to judgment of law, law, tendering tendering sufficient sufficient evidence evidence to demonstrate demonstrate the matter of judgment as a matter entitlement NY2d 320, Prospect Hospital, absence of of any material issues of of fact" fact" (Alvarez (Alvarez v Prospect Hospital, 68 NY2d 320, 324 [1986] [1986];; material issues absence 2007]; Dept 2007]; 686-687 [2d Dept Orange County-Poughkeepsie Partnership v Bonte, Bonte, 37 AD3d AD3d 684, 684, 686-687 keepsie Ltd. Partnership Orange County-Pough showing prima facie showing such a prima make such Failure to make Dept 2007]). 2007]). Failure AD3d 731 [2d Dept Gallagher, 31 AD3d Rea v Gallagher, the motion of the sufficiency of requires a denial motion papers papers of the sufficiency regardless of motion, regardless the motion, of the denial of requires Jakabovics v NY2d 851 (Wine grad v New Medical Center, 851,, 853 [1986]; [1986]; Jakabovics Center, 64 NY2d University Medical York University New York (Winegrad 558-559 [2d Dept 558, 558-559 AD2d 558, 202 AD2d Rosenberg, Menzel v Plotkin, Plotkin, 202 Dept 2008]; Menzel Dept 2008]; AD3d 695 [2d Dept Rosenberg. 49 AD3d opposing party 1994]). Once movant has threshold burden, party must must present present the burden, the opposing met this threshold has met Once the movant 1994]). material trial of existence of of triable of fact in admissible "sufficient to require require a trial of material admissible form "sufficient issues of criable issues existence questions of of fact on which claim or must demonstrate acceptable acceptable excuse excuse for his failure failure must demonstrate rests his claim which he rests questions hope or to of tender admissible form form;; mere conclusions, expressions expressions of of hope mere conclusions, tender in admissible requirement of meet the requirement to meet NY2d 557, New York, unsubstantiated allegations or assertions assertions are insufficient" insufficient" (Zuckerman (Zuckerman v New York, 49 NY2d 557, unsubstantiated allegations summary deciding a motion 562 [1980]; Khan Khan v Nelson, AD3d 1062 [2d Dept Dept 2009]). motion for summary 2009]). In deciding Nelson, 68 AD3d 562 [1980]; judgment, "required to view presented in the light light most most favorable favorable to the evidence presented view the evidence court is "required judgment, the court the pleadings motion and reasonable inference inference from from the pleadings and the proof proof every reasonable draw every and to draw the motion opposing the party opposing AD3d 762, (Yelder v Walters, submitted parties in favor favor of motion" (Yelder Walters, 64 AD3d 762, opponent to the motion" of the opponent submitted by the parties AD2d 385, 767 Nicklas v Tedlen Realty Corp., 385, 386 386 Corp., 305 AD2d Tedlen Realty 2009] ; Nicklas Dept 2009]; 767 [2d Dept 2003]). [2d Dept Dept 2003]). where there Summary judgment drastic remedy remedy and should should not be granted granted where there is any doubt doubt as to judgment is a drastic Summary 320, 324 [1986]). NY2d 320,324 existence of of a triable issue (Alvarez (Alvarez v Prospect Prospect Hospital, [1986]). Hospital, 68 NY2d triable issue existence which he Transit for which Defendant Stephen Carty Carty testified employed by Liberty Liberty Lines Lines Transit that he is employed testified that Defendant Stephen of occurred at the intersection has states that incident occurred intersection of that this incident Carty states years. Carty operator for 5 years. been a bus operator has been two with two opposing traffic, of opposing Main Street Street and Kings Highway, New Rochelle. Main Main Street Street consisted traffic, with consisted of New Rochelle. Kings Highway, Main 2 [* 2] 2 of 4 FILED: WESTCHESTER COUNTY CLERK 05/27/2021 12:33 PM NYSCEF DOC. NO. 37 INDEX NO. 70381/2018 RECEIVED NYSCEF: 05/27/2021 lanes of of traffic traffic in the direction. direction. Carty Carty was operating operating the bus on Main Main Street, Street, and he was driving driving in right-hanc! lane, and the intersection intersection with Kings Kings Highway Highway was was controlled controlled by a traffic traffic light, which which the right-hanc green in his favor. Vehicle Vehicle traffic traffic on Kings Kings Highway Highway was was stopped stopped at the traffic traffic light. According According was green about half half way into the intersection intersection a car suddenly suddenly pulled pulled out out directly directly in front of of to Carty, as he was about Kings Highway Highway and turned turned right right onto the lane occupied occupied by the the bus. Carty Carty testified testified that that the bus from Kings immediately applied applied the brakes brakes and turned turned to the left to avoid avoid impact, impact, which which he as a result, he immediately accomplished. vehicle did not stop but drove accomplished. The The unknown unknown vehicle drove away. away. Specifically, Specifically, Carty Carty testified: testified: Q.Was the cai intersection before before your your bus came came into the intersection? intersection? cai· in the intersection Q.Was suddenly appeared appeared out out of of nowhere. nowhere. A. No. He suddenly When did you you first observe observe this car? Q. When When I was in the intersection. intersection. (NYSCEF#28). (NYSCEF#28). A. When Defendants offer offer the surveillance video footage footage from the bus bus from from the onboard onboard video video Defendants surveillance video recording recording system. system. Carty Carty testified testified that that he viewed viewed the video video and that that it accurately accurately and fairly depicted depicted happening of of this this incident. incident. The court court has reviewed reviewed the video video footage, footage, which which clearly clearly and the happening overwhelmingly demonstrates demonstrates that that the sudden sudden stopping stopping and swerving of the bus bus resulted resulted from an overwhelmingly swerving of emergency situation situation not created created or contributed contributed to by defendants, defendants, i.e. that that of of a car suddenly suddenly pulling pulling emergency directly in front of of the bus. The The video video clearly clearly shows shows that that while while the bus bus was was driving driving along along Main Main out directly unknown car attempting attempting to make make a right right on red, suddenly suddenly pulled out of of the intersection intersection Street, an unknown pulled out Kings Highway, Highway, directly directly in front of of the bus that had the right right of of way by a controlled controlled traffic traffic with Kings device (NYSCEF#30, (NYSCEF#30, Video Video at approx approx .. 16:59:53). 16:59:53). device Pursuant to the emergency emergency doctrine, doctrine, "those "those faced faced with sudden and and unexpected unexpected circumstance, circumstance, Pursuant with a sudden of their their own making, making, that that leaves leaves them them with with little or no time time for reflection reflection or reasonably reasonably causes causes not of them to be so disturbed disturbed that that they they are compelled compelled to make make a quick quick decision decision without without weighing them weighing alternative courses courses of of conduct, conduct, may not be negligent negligent if if their their actions actions are reasonable reasonable and prudent prudent in the alternative 3 [* 3] 3 of 4 FILED: WESTCHESTER COUNTY CLERK 05/27/2021 12:33 PM NYSCEF DOC. NO. 37 INDEX NO. 70381/2018 RECEIVED NYSCEF: 05/27/2021 context of of the emergency emergency "Although "Although the existence existence of of an emergency emergency and the reasonableness reasonableness of of a context party's response response to it will ordinarily ordinarily present present questions questions of of fact, they may may in appropriate appropriate circumstances circumstances party's determined as a matter matter oflaw" oflaw" Flores Flores v Metro. Metro. Transp. Auth., 122 AD3d AD3d 672,672 672, 672 (2d Dept Dept 2014) 2014) be determined Transp. Auth., [internal citations citations omitted]. omitted]. [internal Accordingly, defendants defendants established established their their prima entitlement to judgment matter of of Accordingly, prima facie entitlement judgment as a matter demonstrating that that the actions actions of of the bus driver driver in braking braking abruptly abruptly and swerving avoid a law by demonstrating swerving to avoid collision with with a car that that had suddenly suddenly pulled bus, were were reasonably reasonably prudent collision pulled out in front of of the bus, prudent in an emergency situation situation not of of bus bus driver's driver's own own making making In opposition, opposition, plaintiffs plaintiffs fail failure adduce any emergency me to adduce evidence tending tending to show show that the bus driver driver created created the emergency could have have avoided avoided a collision collision evidence emergency or could vehicle that suddenly suddenly moved moved into the bus's lane of of travel travel by taking taking some some action action other other than than with a vehicle applying his brakes and turning turning slightly, slightly, failed to raise a triable triable issue issue of of fact. applying brakes and Therefore, in light light of of the foregoing, foregoing, it is hereby hereby Therefore, ORDERED, that that defendants' defendants' motion motion for summary summary judgment issue of of liability liability is ORDERED, judgment on the issue Granted, and the complaint complaint is dismissed. Granted, dismissed. Clerk shall mark his records records accordingly. accordingly. The Clerk shall mark matters not herein herein decided decided are denied. This constitutes Decision and Order of of the All matters denied. This constitutes the Decision and Order court. Dated: May 27, 2021 White Plains, Plains, New York White New York Parties by NYSCEF NYSCEF TO: All Parties 4 [* 4] 4 of 4

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.