Legal Opinion
Johnston v. El-Deiry
Appellate Division of the Supreme Court of the State of New York
Decided August 5, 1996PublishedCited by 9 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries arising out of an automobile accident, the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 23, 1995, which granted the plaintiffs’ motion for partial summary judgment on the issue of liability..
Ordered that the order is affirmed, with costs.
A rear-end collision with a stopped automobile establishes a prima facie case of negligence on the part of the operator of the moving vehicle and imposes a duty on the operator of the moving vehicle to explain how the accident occurred (see, Leal v Wolff,…
2Cases cited5 opinions
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Barile v. LazzariniAppellate Division of the Supreme Court of the State of New York · 1995
- Sweeney v. McCormickAppellate Division of the Supreme Court of the State of New York · 1990
- Rafkind v. ClarkAppellate Division of the Supreme Court of the State of New York · 1995
- Dawkins v. CraigAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by9 opinions
- Marsella v. Sound Distributing Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Tripp v. GELCO Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- DeVito v. SilvernailAppellate Division of the Supreme Court of the State of New York · 1997
- Pares v. LaPradeAppellate Division of the Supreme Court of the State of New York · 1999
- Riley v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 1998
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