Red Top Sedan v. Applebaum

We reverse the summary final judgment entered in this automobile negligence action in favor of one of the defendant drivers, Henri C. Janneau. In doing so we acknowledge that all of the known witnesses to the accident gave testimony which in essence concluded that there was nothing that Janneau could do to avoid a collision with a phantom automobile that ran a stop sign and pulled out in front of him. The appellants, codefendants in the action, are the owner and driver of a vehicle which struck the plaintiffs’ vehicle in the rear, after the plaintiffs' vehicle had come to a stop in order to…