EVANS v. FOX TRUCKING INC.


309 A.D.2d 618 (2003)

765 N.Y.S.2d 625

RODNEY EVANS, Appellant, v. FOX TRUCKING INC. et al., Respondents.

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

Decided October 21, 2003.


The record evidence before us in this rear-end collision case raises triable, material issues of fact as to liability. It includes testimony that immediately prior to the collision, defendants' vehicle was negligently operated, which substantially contributed to causing the accident. The papers in opposition to the motion assert that defendant passed plaintiff's vehicle, then switched lanes, leaving only an eight-foot interval between the vehicles, and almost immediately...

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