In Sullivan v. Mandato , Daniel Sullivan, an infant in a car driven by Christopher Mandato, was injured when Mandato hit another vehicle operated by Julio Montalvo and owned by Terry Tom Service Station (TTSS).
After Sullivan sued Mandato, TTSS and Montalvo, the last two defendants asked for the case's dismissal as against them and the Richmond County Supreme Court agreed because Mandato's alleged negligence was the accident's sole cause.
On appeal, the Appellate Division, Second Department, noted that by losing control of his vehicle and crossing over a double yellow line, Mandato was negligent "as a matter of law." ("A driver is not required to anticipate that an automobile going in the opposite direction will cross over into oncoming traffic ...." )
In other words, there was no way Mandato's mishap could have been prevented or predicted.
To download a copy of the Appellate Divisions decision, please use this link: Sullivan v. Mandato