DEFENDANT IN THIS REAR-END TRAFFIC ACCIDENT CASE DID NOT RAISE A QUESTION OF FACT ABOUT A NON-NEGLIGENT EXPLANATION FOR DEFENDANT’S ACTIONS OR PLAINTIFF’S COMPARATIVE NEGLIGENCE (FIRST DEPT).

The First Department, reversing Supreme Court in this rear-end traffic accident case, determined defendant’s allegation that the plaintiff “stopped short” did not raise a question of fact:

The court should have granted plaintiff for summary judgment on liability. Plaintiff established prima facie that defendant was negligent by submitting his affidavit that defendant’s vehicle rear-ended his vehicle as he slowed down or stopped to accommodate another vehicle that was merging in from his right, and defendant failed to provide a nonnegligent explanation for the collision …  Defendant claimed only that defendant [plaintiff?] stopped short, which, by itself, was insufficient to rebut the presumption of negligence … . Contrary to the motion court’s finding, plaintiff was not required to establish absence of comparative negligence on his part to be entitled to summary judgment on liability … .

In view of plaintiff’s affidavit establishing his own lack of fault and his seatbelt usage, and the absence of any proof to the contrary, the affirmative defenses of comparative negligence and failure to wear a seatbelt, as well as the irrelevant defense of assumption of risk, are also dismissed … . Vasquez v Strickland, 2022 NY Slip Op 06876, First Dept 12-1-22

Practice Point: In a rear-end traffic accident, defendant’s allegation plaintiff “stopped short” does not raise a question of fact.