Thursday, September 18, 2014

A rear-end collision.

Practice point:  A rear-end collision establishes, prima facie, negligence on the part of the rear vehicle's driver, regardless of whether the lead vehicle was stopped or stopping.. That driver, then, must rebut the inference of negligence by providing a nonnegligent explanation for the collision. A bare allegation that the lead vehicle stopped short is insufficient to rebut the inference.

Student note:  Where the movant has established entitlement to judgment as a matter of law, the burden shifts to the opposing party to provide sufficient evidence to raise a triable issue of fact as to the moving party's comparative fault.

Case:  Billis v Tunjian, NY Slip Op 06044 (2d Dept. 2014)

Here is the decision.

Tomorrow' issue: A late motion for leave to amend.