KLOPCHIN v. MASRI (2007)

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (Bunyan, J.), dated January 18, 2006, which granted the plaintiffs' motion for summary judgment on the issue of liability.

ORDERED that the order is reversed, on the law, with costs, and the motion is denied.

 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 (see Niyazov v. Bradford, 13 A.D.3d 501, 786 N.Y.S.2d 582;  Russ v. Investech Sec., 6 A.D.3d 602, 775 N.Y.S.2d 867;  Barile v. Lazzarini, 222 A.D.2d 635, 635 N.Y.S.2d 694).  “One of several nonnegligent explanations for a rear-end collision is a sudden stop of the lead vehicle” (Chepel v. Meyers, 306 A.D.2d 235, 237, 762 N.Y.S.2d 95;  see Carhuayano v. J & R Hacking, 28 A.D.3d 413, 813 N.Y.S.2d 162;   Gaeta v. Carter, 6 A.D.3d 576, 775 N.Y.S.2d 86;  Purcell v. Axelsen, 286 A.D.2d 379, 729 N.Y.S.2d 495).

 The plaintiffs met their burden by submitting evidence sufficient to establish their prima facie entitlement to judgment as a matter of law on the issue of liability (see Emil Norsic & Son, Inc. v. L.P. Transp., Inc., 30 A.D.3d 368, 815 N.Y.S.2d 736;  Neidereger v. Misuraca, 27 A.D.3d 537, 811 N.Y.S.2d 758;  David v. New York City Bd. of Educ., 19 A.D.3d 639, 797 N.Y.S.2d 294;  Rainford v. Sung S. Han, 18 A.D.3d 638, 795 N.Y.S.2d 645).   In opposition, the defendants raised a triable issue of fact.   The defendants' assertion that the injured plaintiff made a sudden stop and failed to give proper signals, as required by Vehicle and Traffic Law § 1163, contradicted the injured plaintiff's contention and, if believed, provided a nonnegligent explanation for the rear-end collision (see Simpson v. Eastman, 300 A.D.2d 647, 753 N.Y.S.2d 104;  Maschka v. Newman, 262 A.D.2d 615, 692 N.Y.S.2d 472;  Artis v. Jamaica Buses, 262 A.D.2d 511, 693 N.Y.S.2d 607).