Legal Opinion
Bah v. Benton
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2012PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Manzanet-Daniels, J.
In this case we address the interplay between the Nose-worthy doctrine and the familiar presumption that applies in cases of rear-end collision. We hold that where a plaintiff has established, through medical evidence, that he has no memory of an accident, plaintiffs burden is to submit prima facie evidence of defendant’s negligence. To hold otherwise, in a case involving a rear-end collision, would be to effectively deprive a plaintiff of the benefit of the Noseworthy doctrine with respect to his claims against the driver and the owner of the other…
2Cases cited5 opinions
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- White v. DiazAppellate Division of the Supreme Court of the State of New York · 2008
- Dowling v. Consolidated Carriers Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Bin Xin Tan v. St. Vincent's Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Sutton v. CaroleiAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by6 opinions
- Boynton v. Haru Sake BarAppellate Division of the Supreme Court of the State of New York · 2013
- Rathje v. TomitzAppellate Division of the Supreme Court of the State of New York · 2015
- Martinez v. PatelAppellate Division of the Supreme Court of the State of New York · 2021
- Martinez v. PatelAppellate Division of the Supreme Court of the State of New York · 2021
- Boynton v. Haru Sake BarAppellate Division of the Supreme Court of the State of New York · 2013
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