TORRES v. WABC TOWING CORP.


282 A.D.2d 406 (2001)

724 N.Y.S.2d 49

PABLO TORRES, Appellant, v. WABC TOWING CORP. et al., Respondents. (And a Second Third-Party Action.)

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

Decided April 26, 2001.


Plaintiff, a road construction worker, was allegedly injured when his truck was hit in the rear by defendants' tow truck. At the time of the collision, plaintiff had stopped his truck for about 30 seconds to allow his helper to remove warning cones from the roadway. While a rear-end collision presents a prima facie case of negligence, here defendant driver in his duly credited testimony (see, e.g., Kienzle v McLoughlin, 202 A.D.2d 299

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