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MULLEN v. RIGOR

8 A.D.3d 104 (2004)

778 N.Y.S.2d 168

SANDRA MULLEN, Plaintiff, v. JEAN RIGOR et al., Respondents, and JASWINDER SINGH et al., Appellants, et al., Defendants.

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

June 15, 2004.

The driver of a stopped vehicle which is struck from behind by another vehicle is entitled to summary judgment unless the driver of the following vehicle presents a nonnegligent explanation for the accident (Jean v Xu, 288 A.D.2d 62 [2001]), or a nonnegligent reason for her failure to maintain a safe distance between her car and the lead car (Mitchell v Gonzalez, 269 A.D.2d 250, 251 [2000...

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