A defendant moving for summary judgment in a negligence action has the burden of establishing, prima facie, that he was not at fault in the happening of the accident. Not every rear-end collision is the exclusive fault of the trailing driver. The driver in front also has the duty not to stop suddenly or slow down without proper signaling so as to avoid a collision.
Gomez v. Pechman, NY Slip Op 00182 (2d Dep't January 17, 2024)
