Chang v. Rodriguez

It is undisputed that plaintiffs were in the front vehicle when the middle vehicle, owned by Alamo and operated by Lee, struck plaintiffs’ vehicle in the rear after having been struck in the rear by the third car, driven by defendant Rodriguez. In a chain-reaction collision, as here, responsibility presumptively rests with the rearmost driver, Rodriguez (see Mustafaj v Driscoll, 5 AD3d 138 [2004]). The police accident report includes a statement apparently made by defendant Rodriguez. This statement, which is the sole support for plaintiffs’ contention that they raised a triable issue as to…