Lampkin v. Chan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
A rear-end collision with a stopped vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty on “that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision” (Klopchin v Masri, 45 AD3d 737, 737 [2007]; see Niyazov v Bradford, 13 AD3d 501, 501-502 [2004]; Russ v Investech Sec., 6 AD3d 602 [2004]). Here, the plaintiff made a prima facie showing of entitlement to summary judgment by submitting evidence that she was stopped in traffic when her vehicle was struck in the rear by the…
2Cases cited13 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Leal v. WolffAppellate Division of the Supreme Court of the State of New York · 1996
- Klopchin v. MasriAppellate Division of the Supreme Court of the State of New York · 2007
- Russ v. Investech Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Rainford v. HanAppellate Division of the Supreme Court of the State of New York · 2005
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
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- Williams v. Spencer-HallAppellate Division of the Supreme Court of the State of New York · 2014
- Balducci v. VelasquezAppellate Division of the Supreme Court of the State of New York · 2012
- Pollard v. Independent Beauty & Barber Supply Co.Appellate Division of the Supreme Court of the State of New York · 2012
18 more not listed; retrieve them via the Exa API.