Marks v. County of Orleans
Opinion of the Court
Appeal from an order of the Supreme Court, Orleans County (James R Punch, A.J.), entered November 16, 2005 in a personal injury action. The order, among other things, denied those parts of the motion of defendant County of Orleans seeking summary judgment dismissing the complaint and seeking summary judgment dismissing the fourth-party complaint against it.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, those parts of the motion seeking summary judgment are granted, the complaint is dismissed and the fourth-party complaint against fourth-party defendant County of Orleans is dismissed.
Memorandum: Plaintiff commenced this action, individually and on behalf of her daughter, seeking damages for injuries they sustained when the vehicle driven by plaintiff in which her daughter was a passenger left the road, rolled down an embankment and struck a tree. The vehicle was owned by plaintiffs father, third-party defendant. Plaintiff testified at her deposition that she was driving within the speed limit when the vehicle suddenly shook and swerved off the road. However, according to the deposition testimony and report of a State Police accident reconstructionist, plaintiff was speeding, overcorrected when she drifted onto the right shoulder, overcorrected again when she veered into the oncoming lane, and then skidded off the road.
Finally, in light of our decision, we do not address defendant’s contention with respect to third-party defendant’s alleged spoliation of evidence. Present — Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.