Depena v. Metropolitan Ambulance & First Aid Corp.

OPINION OF THE COURT

Memorandum.

Judgment unanimously reversed without costs and a new trial ordered.

In this negligence action for personal injuries, the court dismissed the action after both sides rested. Plaintiff Milagros Depena was a passenger in the back of an ambulette driven by defendant Higgs which stopped short and was hit in the rear by another vehicle. It is well settled that a rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the operator of the moving vehicle and imposes a duty on that operator to explain how the collision…