Abatelli v. Donno Co.

Motion "by the plaintiffs for summary judgment in an action for personal injuries is denied.

The plaintiffs claim that they were stopped for a red light at an intersection and the defendant’s truck struck their car in the rear. They also produced, as part of their motion papers, a copy of the defendant driver’s motor vehicle report which stated in part as follows: ‘1 Vehicle No. 1 was in back of Vehicle No. 2, when light turned green, and traffic started to move. Vehicle No. 2 stopped suddenly when cut off by truck. Vehicle No. 1 swerved but could not avoid Vehicle No. 2.”

This alone raises a…