25 Mass. App. Ct. 928 | Mass. App. Ct. | 1987
Based upon the affidavits and answers to interrogatories of all parties, Biswanger and Seraphin claimed that they were entitled to judgment as a matter of law. They invoked the so-called “sudden emergency” doctrine. “While ordinarily the reasonableness of the actor’s conduct would be a question of fact, cases ‘of sudden emergency may arise where on the evidence the trial judge should rule as a matter of law that the defendant’s response or reaction to the crisis measured up to that of a . . . [person] of ordinary competence acting under similar circumstances.’” Newman v. Redstone, 354 Mass. 379, 383 (1968) (citation omitted). See also Keenan v. Thibodeau, 341 Mass. 452 (1960). The plaintiff, on the other hand, relies on the principles that the issue of negligence is generally one for the fact finder, see Foley v. Matulewicz, 17 Mass. App. Ct. 1004,1005 (1984); that, in the case of a rear end collision, depending upon the speed at which
With these principles in mind, we examine the facts presented in a light most favorable to the plaintiff, the party who opposed summary judgment, to determine whether there exists, as to each of the defendants, a genuine issue of material fact.
1. Biswanger. The accident happened about 9:00 p.m. , on a wet summer evening, as Biswanger was travelling between 20 and 25 miles per hour, approximately one car length behind Webster’s vehicle. There is no dispute that, although he managed to avoid a collision with Webster, Biswanger stopped abruptly. There is a dispute, however, as to what happened to cause Biswanger to stop in an abrupt manner. According to Webster, she slowed down as she approached the intersection to make a lawful left turn and used her directional signals as she made her turn. Biswanger assumes that the plaintiff may not rely on Webster’s answer because it is inconsistent with the account the plaintiff gave in her own answers to interrogatories: that Webster stopped suddenly without signalling to make an unlawful left turn. The plaintiff could not so testify at trial, however, as her answers were made without personal knowledge. She states that she did not see what happened in front of her before the collision. There is, thus, no reason to depart from the general rule that, in opposing a motion for summary judgment, a party may rely on interrogatory answers of any party in the case. Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974). On all the evidence properly before the court, we think a reasonable jury could believe Webster and find that a lack of attention to the traffic in front of him caused Biswanger to have to stop abruptly and that, in the circumstances, the inattentiveness was both negligent and causally related to the injuries suffered by the plaintiff in the chain-reaction accident that followed. Thus, a jury could find that the sudden emergency Biswanger faced was, to some extent at least, of his own creation, and the sudden emergency doctrine would not entitle him to judgment as a matter of law.
2. Seraphin. The evidence presented in opposition to the motion was not sufficient, however, to raise an issue as to liability on the part of Seraphin, the operator of the third car in line and the one with which the plaintiff’s vehicle actually collided. All of the sworn statements about the accident were consistent in reporting that the second car, Biswanger’s, stopped abruptly without signalling. Seraphin, nevertheless, stopped in time to avoid colliding with Biswanger. Neither Seraphin’s speed just prior to the accident, 20-25 miles per hour, nor the distance between his vehicle
Judgment for the defendant Seraphin affirmed.
Judgmentfor the defendant Biswanger reversed.