Morgan v. Browner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered December 29, 2014, which denied plaintiff’s motion for summary judgment on the issue of liability, unanimously reversed, on the law, without costs, and the motion granted.
It is well settled that a rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the driver of the rear vehicle, and imposes a duty on the part of the operator of the rear vehicle to “come forward with an adequate nonnegligent explanation for the accident” (Cabrera v Rodriguez, 72 AD3d 553, 553 [1st…
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- Santos v. BoothAppellate Division of the Supreme Court of the State of New York · 2015
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