Lang v. Bouju

In Lang v. Bouju, 245 AD2d 1000 [3rd Dept 1997] decedent was driving a motorcycle and came into contact, head on, with a truck stopped in decedent's lane of traffic. The Third Department found that it was appropriate for plaintiffs to recover for pain and suffering due to the likelihood that decedent, upon seeing the truck and applying his brakes, was "aware of the likelihood and ultimately the certainty -- of a serious collision, during the approximately five seconds preceding impact."