Sokolowska v. Yang G. Song
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, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Butler, J.), entered January 30, 2014, which denied their 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 with respect to the operator of the moving vehicle, and imposes a duty on that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Xian Hong Pan v…
2Cases cited11 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
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- Rainford v. HanAppellate Division of the Supreme Court of the State of New York · 2005
- Ramirez v. KonstanzerAppellate Division of the Supreme Court of the State of New York · 2009
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