BOROWSKI, MARK W. v. PTAK, JEREMY J.

Smith, J.P., and Carni, J.

(dissenting). This appeal presents *1500the somewhat novel circumstance of a plaintiff seeking to recover damages for injuries he sustained after his vehicle rear-ended another vehicle, which was driven by Jeremy J. Ptak (defendant). Inasmuch as we conclude that plaintiff has not rebutted the presumption of his own negligence created by the fact that his vehicle rear-ended defendant’s vehicle, we respectfully disagree with our colleagues and dissent. We would therefore reverse the order and grant defendant’s motion for summary judgment dismissing the complaint and all…