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“Conclusory” Allegation Rear-End Collision Was Caused by the Sudden Stop of the Lead Vehicle Is Not Enough to Defeat Plaintiffs’ Summary Judgment Motion

Reversing Supreme Court, the Second Department determined plaintiffs, who were struck from the rear in a vehicle collision, were entitled to summary judgment. A “conclusory” allegation by the defendant that plaintiffs’ vehicle caused the accident by stopping suddenly was not enough to defeat the motion.  The court explained the relevant law:

“When the driver of an automobile approaches another automobile from the rear, he or she is bound to maintain a reasonably safe rate of speed and control over his vehicle, and to exercise reasonable care to avoid colliding with the other vehicle” … .

“A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence against the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision”‘ … .

A nonnegligent explanation for a rear-end collision may include evidence of a sudden stop of the lead vehicle … . However, “vehicle stops which are foreseeable under the prevailing traffic conditions, even if sudden and frequent, must be anticipated by the driver who follows, since he or she is under a duty to maintain a safe distance between his or her car and the car ahead”… . Moreover, “[a] conclusory assertion by the operator of the following vehicle that the sudden stop of the vehicle caused the accident is insufficient, in and of itself, to provide a nonnegligent explanation” … . Brothers v Bartling, 2015 NY Slip Op 05630, 2nd Dept 7-1-15

 

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