Johnson v. First Student, Inc.

Rose, J. (dissenting).

We respectfully dissent because we cannot agree with plaintiffs’ argument that the occurrence of a rear-end collision here establishes a prima facie case of negligence against defendants, requiring them to provide an adequate, nonnegligent explanation of the accident. While it would have been appropriate for Supreme Court to have given the pattern instruction informing the jury that defendants had the burden to provide such an explanation (see NY PJI 2:83), the court did not do so and plaintiffs failed to object to its omission either before or after the jury charge was…