BOWEN v. FARRELL

2015-10691, Index No. 23488/13.

140 A.D.3d 1001 (2016)

34 N.Y.S.3d 165

2016 NY Slip Op 04900

CARLTON A. BOWEN, Respondent, v. PAUL J. FARRELL, Appellant.

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

Decided June 22, 2016.


Ordered that the order is affirmed, with costs.

A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, requiring that operator to come forward with evidence of a nonnegligent explanation for the collision in order to rebut the inference of negligence (see Tutrani v County of Suffolk, 10 N.Y.3d 906

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