45 A.D.3d 737 (2007)

846 N.Y.S.2d 311

BRYAN KLOPCHIN et al., Respondents, v. YOEL MASRI et al., Appellants.

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

Decided November 20, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence against the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Niyazov v Bradford, 13 A.D.3d 501 [2004]; Russ v Investech Sec., 6 A.D.3d 602 [2004]; Barile v Lazzarini, 222 A.D.2d 635 [1995]). "One of several nonnegligent explanations for a rear-end collision is a sudden stop of the lead vehicle" (Chepel v Meyers, 306 A.D.2d 235, 237 [2003]; see Carhuayano v J&R Hacking, 28 A.D.3d 413 [2006]; Gaeta v Carter, 6 A.D.3d 576 [2004]; Purcell v Axelsen, 286 A.D.2d 379 [2001]).

The plaintiffs met their burden by submitting evidence sufficient to establish their prima facie entitlement to judgment as a matter of law on the issue of liability (see Emil Norsic & Son, Inc. v L.P. Transp., Inc., 30 A.D.3d 368 [2006]; Neidereger v Misuraca, 27 A.D.3d 537 [2006]; David v New York City Bd. of Educ., 19 A.D.3d 639 [2005]; Rainford v Sung S. Han, 18 A.D.3d 638 [2005]). In opposition, the defendants raised a triable issue of fact. The defendants' assertion that the injured plaintiff made a sudden stop and failed to give proper signals, as required by Vehicle and Traffic Law § 1163, contradicted the injured plaintiff's contention and, if believed, provided a nonnegligent explanation for the rear-end collision (see Simpson v Eastman, 300 A.D.2d 647 [2002]; Maschka v Newman, 262 A.D.2d 615 [1999]; Artis v Jamaica Buses, 262 A.D.2d 511 [1999]).


1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases