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DOODNAUTH v. CATHOLIC MEDICAL CENTER OF BROOKLYN AND QUEENS, INC.

297 A.D.2d 781 (2002)

747 N.Y.S.2d 803

GAITREE DOODNAUTH et al., Respondents, v. CATHOLIC MEDICAL CENTER OF BROOKLYN AND QUEENS, INC., et al., Appellants.

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

Decided September 30, 2002.

Ordered that the order is affirmed, with costs.

A rear-end collision with a stopped automobile creates a prima facie case of liability with respect to the operator of the moving vehicle, imposing a duty of explanation on the operator (see Barile v Lazzarini, 222 A.D.2d 635; Gambino v City of New York, 205 A.D.2d 583). The operator is required to rebut the inference of negligence...

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