Bowen v. Farrell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dufficy, J.), dated January 5, 2015, which granted the plaintiff’s 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 establishes a prima facie case of negligence on the part of the operator of the rear vehicle, requiring that operator to come forward with evidence of a nonnegligent explanation for the collision in order to rebut the inference of negligence (see…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Tutrani v. County of SuffolkNew York Court of Appeals · 2008
- Phillip v. D&D Carting Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Giangrasso v. CallahanAppellate Division of the Supreme Court of the State of New York · 2011
- Lisetskiy v. WeissAppellate Division of the Supreme Court of the State of New York · 2014
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3Cited by13 opinions
- Nikolic v. City-Wide Sewer & Drain Service Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Cruz v. FinneyAppellate Division of the Supreme Court of the State of New York · 2017
- Moluh v. VordAppellate Division of the Supreme Court of the State of New York · 2016
- Rokach v. TabackAppellate Division of the Supreme Court of the State of New York · 2017
- Ortiz v. WelnaAppellate Division of the Supreme Court of the State of New York · 2017
8 more not listed; retrieve them via the Exa API.