DAVIS v. QUINONES


295 A.D.2d 394 (2002)

743 N.Y.S.2d 171

JACQUELINE DAVIS, Appellant, v. BRENDA QUINONES, Respondent, et al., Defendants.

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

Decided June 10, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

It is undisputed that the vehicle operated by the defendant Brenda Quinones was hit in the rear by the vehicle driven by the plaintiff. 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 on that operator to provide a nonnegligent explanation as to how the accident occurred (see Dwyer...

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