Segura v Smith

Holding The court affirmed the denial of summary judgment on the comparative negligence defense because the police report created a triable issue of fact regarding the plaintiff’s sudden stop. However, the court modified the order to grant summary judgment dismissing the defenses of failure to wear a seatbelt and assumption of risk, as the plaintiff established he was wearing a seatbelt and the doctrine was inapplicable.

The court’s words

the plaintiff failed to establish, prima facie, that he was not comparatively at fault in causing the accident

2026 NY Slip Op 05434, at the official text

the plaintiff established his prima facie entitlement to judgment as a matter of law dismissing the defendants' affirmative defenses alleging failure to wear a seatbelt

2026 NY Slip Op 05434, at the official text

this doctrine does not apply to this case

2026 NY Slip Op 05434, at the official text