ERSKINE, III v. PIERRE


262 A.D.2d 274 (1999)

691 N.Y.S.2d 119

THOMAS P. ERSKINE, III, Appellant, v. ANNE M. PIERRE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 1, 1999.


Ordered that the judgment is affirmed, with costs.

A rear-end collision with a stopped automobile creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty of explanation on the operator of the moving vehicle (see, Pfaffenbach v White Plains Express Corp., 17 N.Y.2d 132, 135). The defendant testified that she was stopped on Route 303 to permit a car in front of her to turn...

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