Struck In The Rear While The Motorcycle Was At A Stop Sign
A woman, from Orange County, New York, was a passenger in a motor vehicle. While the vehicle was stopped at a stop sign, they were struck in the rear by the defendant’s vehicle. The court granted the motion for summary judgment finding the defendant at fault as a matter of law.
CAROL ANN WOODWARD V. WILLIAM FORD
On December 31, 2015, Carol Ann Woodward was a passenger in a vehicle being driven by non-party Robert Snydor. Further, she avers, after the vehicle had been fully stopped at a stop sign for 10 seconds, it was struck from the rear by the vehicle being driven by the Defendant William Ford. After the accident, she avers, Ford approached her vehicle and stated that he had not been paying attention and that the accident had been “100%” his fault. The Plaintiff also submits an affidavit from Snyder, in which he states the same. The motion is not opposed.
A plaintiff moving for summary judgment on the issue of liability in a personal injury action has the burden of establishing, prima facie, not only the defendant’s negligence, but also the absence of his or her comparative fault. Tumminello v. City of New York, 148 A.D.3d 108 [2nd Dept. 2017].
Here, the Plaintiff demonstrated, prima facie, that the Defendant was negligent in the happening of the accident, and that she (and Snyder) were free from comparative fault.
Thus, the Plaintiff is granted summary judgment against the Defendant as to liability.