Resnick v. Wainwright

1 Citing case

  1. Maxwell v. Christopher Parisi & Roto Rooter Serv. Co.

    2021 N.Y. Slip Op. 33904 (N.Y. Sup. Ct. 2021)

    "A driver of a vehicle approaching another vehicle from the rear is required to maintain a reasonably safe distance and rate of speed under the prevailing conditions to avoid colliding with the other vehicle" 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 (Resnick v. Wainwright, 192 A.D.3d 1054, 141 N.Y.S.3d 322, [2 Dept., 2021] [internal citations omitted]; see Toala v. EAN Holdings, LLC, 191 A.D.3d 724, 137 N.Y.S.3d 713, 714 [2 Dept., 2021]). "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" (Taing v. Drewery, 100 A.D.3d 740, 954 N.Y.S.2d 175 [2 Dept., 2012], quoting Shamah v. Richmond County Ambulance Serv., 279 A.D.2d 564, 719 N.Y.S.2d 287 [2 Dept., 2001]; see also VTL ยง 1229(a)).