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Driver Stalled in Moving Lane of Traffic Not Negligent Re: Rear-End Collision

In finding Supreme Court should have dismissed the complaint against a driver (Mabella) who was struck from behind when stopped, due to mechanical trouble, in a moving lane of traffic, the Second Department explained:

Mabella established his prima facie entitlement to judgment as a matter of law through his submission of the deposition testimony of the parties, which demonstrates that his vehicle was fully stopped when it was struck in the rear by the Maldonado vehicle…. Although his vehicle was stopped in a moving lane of traffic, Mabella established that this was due to mechanical failure and not the result of any fault on his part…. The plaintiff and the defendants who opposed Mabella’s motion failed to raise a triable issue of fact regarding Mabella’s alleged fault in the happening of the accident. Prosen v Mabella, 2013 NY Slip Op 04589, 2nd Dept, 6-19-13

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