Mangual v. Berezinsky

53 A.3d 664 (2012)

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Nature of the Case

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Facts

While returning home from a shopping trip Ps'1971 Chevy Nova had overheated, and they had pulled onto the shoulder of Route 280. The day was clear and dry and the traffic very light. Ps were standing on the shoulder outside their disabled car when a Lincoln Town Car driven by D slammed into them. The force propelled Ps' car into Mrs. Mangual and trapped Mr. Mangual between it and the Town Car. Mr. Mangual suffered a broken leg and anterior meniscus tears in both legs in the accident. Mrs. Mangual's injuries required that both her legs be amputated below the knee. At the time of the accident, D was driving Galina Komarov and her daughter home after Mrs. Komarov had an out-patient procedure. D testified at deposition that he owned the Town Car that he was driving on the day of the accident. D has also owned a taxi medallion in New York City since 1988. D was traveling east on Route 280 in the left middle lane at midday on the day of the accident. D had traveled this stretch of highway over a hundred times and was aware that 'there were many holes in the road.' D was traveling at fifty to fifty-five miles per hour down the highway, the Town Car suddenly pulled to the left toward the divider. D stated it 'felt as though one of his wheels got in the hole in the road.' D felt as if he tripped. D tried to straighten the car, it began to spin or rotate to the right while continuing forward. The Town Car spun 180 degrees and crossed the two right lanes before slamming into the P's car along its side as it was parked on the right shoulder. D never saw Ps' car until the 'last moment at the time when I just flew onto it.' Experts who were unable to identify any defect. D has no explanation for the happening of the accident, leaving only one version and, thus, nothing for a jury to decide. The court entered partial summary judgment on liability in favor of Ps. The court found liability for negligence presumed under res ipsa loquitur. Ds appealed.