In Achaibar v. City of New York, a personal injury car accident case, the Supreme Court, Queens County denied defendant City’s motion for summary judgment.
Here are the facts:
[Plaintiff testified that] the traffic signal, at the intersection of Hillside Avenue and 212th Street, was blinking yellow-amber at the time of the occurrence. Notably, the plaintiff never testified, as claimed by moving counsel, that he understood this to mean that the traffic signal was broken. The plaintiff also testified that he did not see anyone working on the traffic signal at that intersection prior to the accident. Defendant Amarilyn Vasquez stated that she understood that blinking lights meant that the traffic control signal was not working. The problem with the traffic signal was reported to the New York City Department of Transportation at 6:49 a.m., approximately three hours prior to the subject accident which occurred at 9:50 a.m.
Here’s the law:
To establish a prima facie case of negligence, a plaintiff must demonstrate (1) that the defendant owed him or her a duty of reasonable care, (2) there was a breach of that duty, and (3) a resulting injury proximately caused by the breach.
The case authority in this area is clear. Where the drivers have an awareness that the traffic signal is defective or broken, they no longer rely upon the traffic signal, and it is not the proximate cause of the accident.
Vehicle and Traffic Law § 1117 requires that an operator of a motor vehicle when approaching an intersection governed by a traffic-control signal, which is out of service or otherwise malfunctioning, stop in the manner required for stop signs and proceed according to the rules of right of way. A violation of this statute constitutes negligence per se.
In determining that the defendant failed to establish its prima facie entitlement to summary judgment, the court noted that “plaintiff never testified that he was aware of the fact that the light flashing yellow-amber meant that the traffic light was malfunctioning or that it should have been green or red instead of flashing yellow” and that “while he testified that he traveled that route every day home from work, he was never asked whether the traffic light was malfunctioning.”