Schwartzberg v. Norotsky

In these actions for personal injuries and property damages plaintiffs move for summary judgment. It is uncontradicted that the car in which plaintiffs were passengers at the time of the accident was at a standstill at a red traffic light when it was struck in the rear by defendants’ vehicle. In self-exculpation defendants aver that without previous warning the foot brake on the car failed, that the emergency brake was applied but failed to stop the car timely.

By establishing that their car was at rest when struck in the rear plaintiffs have established a prima facie case of negligence…