Rear End Collision
The plaintiff driver was struck in the rear by the defendant motor vehicle driver in the Bronx. BBNR made a motion asking the court to determine that the defendant was at fault as a matter of law. The judge granted our motion and the only issue left for a jury to decide was how much money to award. The case settled shortly after winning this decision.
ANA M. VARGAS V. AKIN SABRI
Upon the foregoing papers this
Motion by Plaintiff for partial summary judgment on the issue of liability against Defendant is hereby granted. It is well established that a rear-end collision with a stationary vehicle creates a prima facie case of negligence, requiring judgment for the driver of the stationary vehicle unless the offending driver can proffer a non-negligent explanation for the accident. Mitchell v. Gonzalez, 269 A.D.2d 250 (1st Dept. 2000). The failure of an opposing party to rebut the presumption of negligence will entitle the moving party to summary judgment on the issue of fault. Toulson v. Young Han Pae. 6 A.D.3d 292 (I st Dept. 2004).
Plaintiff met her burden in establishing that Defendant’s vehicle struck Plaintiffs vehicle in the rear. In opposition, Defendant failed to raise a triable issue of fact by submitting the affidavit of someone with personal knowledge of the facts staling a non-negligent explanation or raising an issue with respect to Plaintiff’s negligence. However, the issue of “serious injury” which was not raised, is separate from the issue of fault and will still have to be resolved before proceeding to damages.
Dated January 5, 2012