FORGET v. SMITH


39 A.D.3d 1127 (2007)

835 N.Y.S.2d 490

KATHLEEN M. FORGET, Appellant, v. KATHRYN L. SMITH, Also Known as KATHRYN L. QUILES, Respondent.

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

Decided April 26, 2007.


Mercure, J.P.

Plaintiff commenced this action after sustaining personal injuries when the vehicle in which she was a passenger was struck in the rear by defendant's van in November 2001. The accident occurred after plaintiff's daughter, who was driving their vehicle, was forced to stop suddenly when several deer walked into the road. Defendant "slammed" on her brakes but was unable to stop before skidding into the rear of plaintiff's vehicle.

The action proceeded...

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