Friday, October 23, 2015

Summary judgment in a rear-end collision action.

Practice point:  The Appellate Division reversed, and dismissed the complaint, finding that plaintiff demonstrated his entitlement to judgment as a matter of law by submitting evidence showing that his vehicle was stopped when it was rear-ended by defendant. Defendant's contention that plaintiff stopped short is insufficient to rebut the presumption of negligence.

Student note:  A rear-end collision with a stopped or stopping vehicle establishes, prima facie, negligence on the part of the rear vehicle's driver.

Case:  Padilla v. Zulu Servs., Inc., NY Slip Op 07587 (1st Dept. 2015)

Here is the decision.

Monday's issue:  Discovery and medical records in a personal injury action.