Defense Summary Judgment Granted Against Plaintiff Motorist Who Had Stop Sign

Court: Supreme Court, Appellate Division, Second Department, New York

Case: Briggs v. Russo

Date: Aug. 8, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury lawyer)

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Facts: This is an unsurprising and correct decision. Makes me wonder why the accident victim's lawyer even accepted the case.

On April 29, 2007 two cars collided in a Brooklyn intersection. The plaintiff's (accident victim's) car had a stop sign. The other car had no traffic control device. Plaintiff sues for personal injury. Defendant has made a motion for summary judgment dismissing the lawsuit.

The rule of law is that you wait at a stop sign. And wait. And wait. Until it's clear to go. Period. Arguing that you stopped and proceeded slowly and carefully into the intersection and that the other (defendant's) vehicle was speeding and came out of nowhere is a LOSING argument, every time. Period. And here's why: the car with the stop sign need not only stop, it also must YIELD the right of way.

Holding: The lower court was correct in granting the defense motion for summary judgment.

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