Practice point: When an automobile approaches another automobile from the
rear, the driver is bound to maintain a reasonably safe rate of speed and
control over the 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.
Student note: In chain collision accidents, the operator of the middle vehicle
may establish prima facie entitlement to judgment as a matter of law by
demonstrating that the middle vehicle was struck from behind by the
rear vehicle and propelled into the lead vehicle.
Case: Marcellin v. Passaro, NY Slip Op 04174 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: Repair as opposed to routine maintenance under the Labor Law.
