BAH v. BENTON

Nos. 5012, 5012A, 8667/07, 86312/07

92 A.D.3d 133 (2012)

936 N.Y.S.2d 181

2012 NY Slip Op 106

SALIMATOU BAH, Individually and as Conservator of the Person and Estate of OUMAR KAMANO, Respondent, v. CHRISTOPHER BENTON et al., Appellants. (And a Third-Party Action.)

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

Decided January 10, 2012.


Attorney(s) appearing for the Case

Carroll, McNulty & Kull LLC, New York City ( Sean T. Burns of counsel), for Christopher Benton, Arrow Recycling and Tempesta & Son Co., Inc., appellants.

Molod Spitz & DeSantis, P.C., New York City ( Marcy Sonneborn of counsel), for Truck King International Sales & Service, Inc., appellant.

DeAngelis & Hafiz, Mount Vernon ( Talay Hafiz of counsel), for respondent.

MAZZARELLI, J.P., SWEENY, DEGRASSE and RICHTER, JJ., concur.


OPINION OF THE COURT

MANZANET-DANIELS, J.

In this case we address the interplay between the Noseworthy doctrine and the familiar presumption that applies in cases of rear-end collision. We hold that where a plaintiff has established, through medical evidence, that he has no memory of an accident, plaintiff's burden is to submit prima facie evidence of defendant's negligence. To hold otherwise, in a case involving a rear-end collision, would be to...

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