Legal Opinion

Duggan v. Department of Motor Vehicles

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 1968PublishedCited by 2 opinions

1Opinion of the CourtTilzer, J.

We agree with petitioner that evidence of a “ mere rear end collision ” between his car and the vehicle directly in front of him, where the forward vehicle was traveling at 30 miles per hour on a four-lane highway, would be insufficient to support a finding of gross negligence so as to warrant the suspension of his driver’s license. But on the additional evidence before the Referee as to the circumstances of the rear-end collision, but one conclusion can be drawn: that petitioner was guilty of gross negligence in the operation of his motor vehicle. Petitioner struck the car in front of him so…

2Cases cited3 opinions

  1. Matter of Stork Restaurant, Inc. v. BolandNew York Court of Appeals · 1940
  2. People v. AngeloNew York Court of Appeals · 1927
  3. Matter of Donahue v. FletcherNew York Court of Appeals · 1949

3Cited by2 opinions

  1. Allen v. Westpoint-Pepperell, Inc.District Court, S.D. New York · 1997
  2. Allen v. WestPoint-Pepperell, Inc.District Court, S.D. New York · 1997

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