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Rear End Hit

The defendant driver backed up his vehicle and struck the plaintiff’s vehicle in Brooklyn, New York. 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.

EDWARD ROSADO v. EZRA J. KASSIN and LAUREN HA YOUN

Supreme Court, County of Kings, Index No. 8276/2010

In this action for damages for personal injuries allegedly sustained on September 8, 2009, as the result of a motor vehicle accident, on default and without opposition, plaintiff’s motion for summary judgment on the issue of liability is granted.

Plaintiff has made a prima facie showing that the accident was caused by defendants’ negligence when defendants’ vehicle suddenly and unexpectedly backed up into plaintiffs vehicle without taking adequate precautions (see Vehicle and Traffic Law). Moreover, defendants have failed to submit any evidence to rebut plaintiffs claim.

Accordingly, plaintiffs motion is granted and it is ORDERED that a copy of this Order with Notice of Entry be served on defendants within thirty (30)days of entry of this Order and that proof of service be filed with the court.

Dated: December 15, 2010

Hon. Laura L. Jacobson, J.S.C.

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