Fiscella v. Gibbs

In Fiscella v. Gibbs, 261 AD2d 572 (2d Dept. 1999) a defendant named Cone, stopped in the west-bound lane of the roadway, was struck in the rear by a vehicle which caused Cone's vehicle to be propelled, from the west-bound lane, "into the east-bound lane of traffic where it collided with the plaintiffs'" oncoming vehicle. Presented with these facts, the Fiscella Court held that defendant Cone was not negligent as a matter of law, and entitled to summary judgment dismissing the complaint. "Contrary to the plaintiffs' contention, the fact that Cone may have had her wheels turned to the left in anticipation of a turn prior to her being struck in the rear does not raise a triable issue of fact. The driver of a vehicle which is lawfully stopped and waiting in traffic to make a left turn across traffic does not have a duty to anticipate a rear-end collision and to turn its wheels in light of such a risk." (Fiscella v. Gibbs, supra, 261 AD2d at 573-574.)