SOMERS v. CONDLIN


39 A.D.3d 289 (2007)

833 N.Y.S.2d 83

JOHN S. SOMERS, Respondent, v. JOHN P. CONDLIN, Appellant.

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

Decided April 10, 2007.


The law is well settled that a rear-end collision with a stopped vehicle creates a presumption that the operator of the rear vehicle was negligent. Thus, the injured occupant of the front vehicle is entitled to summary judgment on liability unless the driver of the second vehicle provides a nonnegligent explanation for the collision (see Johnson v Phillips, 261 A.D.2d 269, 271 [1999]).

Here, the record is bereft of evidence...

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