Dalal v. City Of New York

692 N.Y.S.2d 468 (1999)

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Nature of the Case

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Facts

P testified that he stopped at the stop sign controlling traffic on 66th Avenue, and looked both ways for a distance of about one block, without seeing anything, before he proceeded into the intersection. Halfway through the intersection, his vehicle was struck on the driver's side by a vehicle operated by D. P testified that he never saw D until impact. D testified that she was about 10 to 15 feet away from the intersection when she noticed P's vehicle, which was about 14 feet behind the stop sign but moving, and that about 5 to 7 seconds elapsed from the time that she observed P's vehicle until the collision. D further testified that although she was nearsighted and required prescription glasses, she was not wearing her glasses at the time of the accident. She claimed she was still able to see while driving. There was no evidence that either driver was speeding. The jury returned a verdict finding P was negligent, and that his negligence was the sole proximate cause of the accident. The trial court refused to charge D with negligence per se in that D was not wearing glasses as required under her license.