Legal Opinion
Finney v. Morton
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 2015No. 2014-02332PublishedCited by 5 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Forman, J.), dated January 30, 2014, which denied her 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 rear vehicle and imposes a duty on that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Tutrani v County of…
2Cases cited6 opinions
- Tutrani v. County of SuffolkNew York Court of Appeals · 2008
- Scheker v. BrownAppellate Division of the Supreme Court of the State of New York · 2011
- Pollard v. Independent Beauty & Barber Supply Co.Appellate Division of the Supreme Court of the State of New York · 2012
- Abbott v. Picture Cars East, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Gutierrez v. Trillium USAAppellate Division of the Supreme Court of the State of New York · 2013
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3Cited by5 opinions
- Fergile v. PayneAppellate Division of the Supreme Court of the State of New York · 2022
- Matzen v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 2021
- Pillasagua v. LoscoAppellate Division of the Supreme Court of the State of New York · 2016
- Butbul v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Merino v. TesselAppellate Division of the Supreme Court of the State of New York · 2018