Torres v. WABC Towing Corp.

—Judgment, Supreme Court, New York County (Rose Sconiers, J.), entered April 6, 2000, upon a jury verdict, in defendants’ favor, unanimously affirmed, without costs.

Plaintiff, a road construction worker, was allegedly injured when his truck was hit in the rear by defendants’ tow track. At the time of the collision, plaintiff had stopped his truck for about 30 seconds to allow his helper to remove warning cones from the roadway. While a rear-end collision presents a prima facie case of negligence, here defendant driver in his duly credited testimony (see, e.g., Kienzle v McLaughlin, 202 AD2d…