DEFENDANT’S ALLEGATION PLAINTIFF’S VEHICLE STOPPED SUDDENLY FOR NO APPARENT REASON DID NOT DEFEAT SUMMARY JUDGMENT ON LIABILITY IN THIS REAR-END COLLISION CASE; HOWEVER PLAINTIFF’S COMPARATIVE NEGLIGENCE, IF ANY, COULD OFFSET THE AMOUNT OF DAMAGES AT TRIAL (SECOND DEPT).
The Second Department, reversing Supreme Court, determined the allegation plaintiff’s vehicle came to a sudden stop for no apparent reason did not raise a question of fact in this rear-end collision case:
… [A] rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision” (id. [internal quotation marks omitted]). “A plaintiff is no longer required to show freedom from comparative fault to establish her or his prima facie entitlement to judgment as a matter of law on the issue of liability” … .
“An assertion that the lead vehicle came to a sudden stop, standing alone, is insufficient to rebut the presumption of negligence on the part of the operator of the rear vehicle” … , although such an assertion may be sufficient to raise a triable issue of fact on the issue of comparative fault … . * * *
[Defendant driver] asserted that the plaintiff brought his vehicle to a sudden stop for no apparent reason and “without any vehicle slowing or stopping ahead of plaintiff.” In essence, “this explanation amounts to nothing more than a claim that the plaintiff’s vehicle came to a sudden stop which, without more, failed to raise a triable issue of fact” as to the defendants’ liability … .
… Supreme Court erred in denying the plaintiff’s motion for summary judgment on the issue of liability.
Comparative negligence on the part of the plaintiff, if any, which would offset the amount of damages, must abide the trial … . Brindisi v ARJ Transp., Inc., 2026 NY Slip Op 02958, Second Dept 5-13-26
Practice Point: The allegation that plaintiff’s car stopped suddenly for no apparent reason will not defeat summary judgment in a rear-end collision case.
Practice Point: However if plaintiff is shown to be comparatively negligent at trial, the amount of damages could be offset.