Evelyn Pfaffenbach v. White Plains Express Corp.

Summary

The New York Court of Appeals reversed the Appellate Division’s dismissal and reinstated the trial court’s judgment for the plaintiff, holding that a plaintiff who shows a defendant’s vehicle crossed into the wrong lane (or skidded) has made out a prima facie negligence case that must go to the jury. The opinion also notes a concurrence that disagrees on the burden of proof for guest‑passenger plaintiffs.