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POLLARD v. INDEPENDENT BEAUTY & BARBER SUPPLY CO.

2011-04756.

94 A.D.3d 845 (2012)

942 N.Y.S.2d 360

2012 NY Slip Op 2659

LAWRENCE POLLARD, Respondent, v. INDEPENDENT BEAUTY & BARBER SUPPLY CO. et al., Appellants.

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

Decided April 10, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is denied.

A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty on that operator to rebut the inference of negligence by providing a nonnegligent explanation...

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