Wenz v. Shafer

In Wenz v. Shafer, 293 A.D.2d 742 (2d Dept 2002), an accident occurred on the Sprain Brook Parkway, in Westchester County, involving three vehicles. Plaintiff Wenz was in the left lane during a rainstorm. To avoid tree branches on the roadway he attempted to move to the center lane and his vehicle spun out of control. Defendant Shafer, in the left lane, behind Wenz, as he passed through the tree branches came upon the Wenz vehicle and a third vehicle spinning out of control, He moved to the right to attempt to avoid the two spinning vehicles, but collided head-on with the Wenz vehicle, which had turned 180 degrees. Wenz claimed he had come to a stop out of the spin when struck by Shafer, while Shafer claimed he had nearly come to a stop on the Parkway's shoulder when struck by Wenz. The Court, at 743, affirmed summary judgment finding that the emergency doctrine was applied properly.