Somers v. Condlin

Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about November 28, 2006, which granted plaintiffs motion for partial summary judgment on the issue of comparative liability, unanimously affirmed, without costs.

The law is well settled that a rear-end collision with a stopped vehicle creates a presumption that the operator of the rear vehicle was negligent. Thus, the injured occupant of the front vehicle is entitled to summary judgment on liability unless the driver of the second vehicle provides a nonnegligent explanation for the collision (see Johnson v Phillips, 261…