Legal Opinion

Lapierre v. Love

Appellate Division of the Supreme Court of the State of New York

Decided November 14, 2012Published

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Nassau County (Parga, J.), dated July 26, 2011, which denied her mo*714tion for summary judgment dismissing the complaint and granted the plaintiffs cross motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

“ ‘A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence against the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a…

2Cases cited10 opinions

  1. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  2. Tutrani v. County of SuffolkNew York Court of Appeals · 2008
  3. Klopchin v. MasriAppellate Division of the Supreme Court of the State of New York · 2007
  4. Ross v. Medical Liability Mutual InsuranceNew York Court of Appeals · 1990
  5. Volpe v. LimoncelliAppellate Division of the Supreme Court of the State of New York · 2010

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