In Zummo v. Holmes , Thomasina Zummo sued Everett Holmes after being injured in a motor vehicle accident.
When the Bronx County Supreme Court denied Zummo's request to find Holmes liable for the incident, an appeal to the Appellate Division, First Department, followed.
The AD1 was of the view Zummo showed he was in the right lane when Holmes -- who was driving a tractor trailer in the left lane -- attempted to merge into Zummo's lane and hit the latter's car. (According to the appellate court, Holmes couldn't establish negligence on Zummo's part.)
To download a copy of the Appellate Division's decision, please use this link: Zummo v. Holmes