Filed Date： 5/15/1978
Status： Precedential
Modified Date： 11/1/2024
In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered June 22, 1977, which is in favor of defendants, upon a jury verdict. Judgment reversed, on the law, and new trial granted as to all parties and causes, with costs to abide the event. Plaintiffs’ seventh request to charge was: "Though the driver of a motor vehicle is authorized to proceed in the face of a green light, if he observed another car in the intersection or so near as to render it likely that a collision would occur unless he reduced speed or stopped, or if the circumstances and conditions were such that, in the exercise of ordinary prudence he ought to have made such an observation, he was not authorized to proceed blindly and wantonly without reference to the other car but was bound to use such care to avoid collision as an ordinarily prudent man would have used under the circumstances.” The court’s refusal to so charge constituted prejudicial error (see