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JEAN v. HAI XU

288 A.D.2d 62 (2001)

732 N.Y.S.2d 338

DANNY JEAN et al., Respondents, v. ZONG HAI XU, Appellant.

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

Decided November 13, 2001.

A rear-end collision with a stationary vehicle creates a prima facie case of negligence, unless the defendant can proffer a non-negligent explanation for his or her failure to maintain a safe distance between the cars (see, Mitchell v Gonzalez, 269 A.D.2d 250). In this case, plaintiffs made such a prima facie showing of entitlement to summary judgment as a matter of law, and in opposition defendant submitted only the unsubstantiated...

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