In Chou v. Ocean Ambulette Serv., Inc., 2015 NY Slip Op 06876 (App. Div. 2nd Dept. 2015), the court held that the plaintiff – a pedestrian who was injured when she was struck by an ambulette – was entitled to summary judgment on the issue of liability.
Here are the facts that, in the court’s view, entitled plaintiff to summary judgment:
[P]laintiff established that she waited for the pedestrian signal to be in her favor prior to entering the crosswalk, and that she exercised due care by looking in both directions along Ocean Avenue, and for any vehicles turning left from Jerome Avenue, before she entered the crosswalk. While crossing at a steady normal pace, and having almost completed crossing Ocean Avenue in the crosswalk, the plaintiff was struck by the vehicle operated by the defendant driver, which came from behind the plaintiff and failed to yield the right-of-way.