LAMASA v. BACHMAN


56 A.D.3d 340 (2008)

SALVATORE LAMASA et al., Respondents, v JOHN K. BACHMAN, Appellant.

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

November 20, 2008.


On the issue of fault, the trial court correctly directed a verdict in plaintiffs' favor based on defendant's own testimony that he saw the injured plaintiff's car stopped at a red light, braked hard and shifted to low gear, but his pick-up truck skidded on the wet roadway and hit the rear of plaintiff's car. A rear-end collision with a stationary vehicle creates a prima facie case of negligence requiring a judgment in favor of the stationary vehicle unless defendant proffers...

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