KILBURN v. BUSH


223 A.D.2d 110 (1996)

646 N.Y.S.2d 429

Susan A. Kilburn et al., Appellants, v. Michael P. Bush et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1996


Attorney(s) appearing for the Case

William F. Lynn, Syracuse, for appellants.

Sugarman, Wallace, Manheim & Schoenwald, L. L. P., Syracuse (Mary Smith, Laura A. Alderman and Timothy J. Perry of counsel), for respondents.

GREEN, WESLEY, BALIO and BOEHM, JJ., concur.


DENMAN, P. J.

We are called upon to revisit an issue that we have previously ruled upon: what is the measure of liability for a driver who falls asleep at the wheel, thus causing an accident? We now hold that evidence that a defendant driver fell asleep creates a presumption of negligence that, if not explained or justified by the defendant, results in a verdict for the plaintiff. If the defendant attempts to...

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