RHODES v. UNITED PARCEL SERVICE


33 A.D.3d 455 (2006)

822 N.Y.S.2d 521

THOMAS RHODES, Respondent-Appellant, v. UNITED PARCEL SERVICE et al., Appellants-Respondents.

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

Decided October 19, 2006.


The court properly denied defendants' motion for summary judgment since questions of fact exist as to the applicability of the emergency doctrine, including whether defendant Kippins kept the vehicle he was driving a safe distance from plaintiff's van, whether he was traveling at an unsafe rate of speed given the rain and wet road, whether he timely applied the brakes, and whether plaintiff's vehicle was propelled backward in a southerly direction into Kippins' vehicle (...

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