Brooklyn Personal Injury Attorney
Auto Accidents in Brooklyn Firm Overview Attorney Profile Newsletters Frequently Asked Personal Injury and Auto Accident Questions Blog Contact
Areas of Practice
How Does My New York Accident Or Injury Lawyer Get Paid?
Auto Accidents
Bicycle Accidents
Black Car Accidents
Bus Accidents
Cab Accidents
Car Service Accidents
Construction Accidents
Defective Products
Drunk Driving * Drugged Driving
Elevator Accidents
Escalator Accidents
Limousine Accidents
Livery Accidents
Medical Malpractice
Sidewalk Accidents
Slip / Trip and Fall Accidents
Taxi Accidents
Toxic Torts
Workplace Accidents
Amputation Injuries
Back Injuries
Birth Injuries
Broken Bones
Burn Injuries
Child Lead Poisoning
Crush Injury to Body
Dismemberment
Eye Injuries
Fracture Injuries
Head Injuries
Herniated Discs
Internal Injuries
Loss of Limb
Neck Injuries
Nerve Damage
Radiculopathy
Spinal Cord Injuries
TMJ Disorder * Jaw Disorder
Whiplash Injury
Contact Us




Click here to be instantly connected to my office. Click here to read my blog. Contact my office right away! Click here to view my past case results.

Past Cases & Results

Supreme Court, Appellate Division, Second Department, New York.

Latchmin JUMANDEO, et al., appellants,
v.
Christine J. FRANKS, respondent.
Nov. 18, 2008.

Background: Lead motorists brought personal injury action against following motorist, arising out of a two‑vehicle collision. The Supreme Court, Queens County, Rosengarten, J., denied lead motorists' motion for summary judgment. Lead motorists appealed.

Holdings: The Supreme Court, Appellate Division, held that:
(1) lead motorists established prima facie entitlement to judgment as a matter of law, and
(2) following motorist's failed to raise genuine issue of material fact in response.
 
Reversed.

 

Gary E. Rosenberg, P.C., Forest Hills, N.Y., for appellants.
Eric N. Wolpin, New York, N.Y. (Thomas G. Connolly of counsel), for respondent.


FRED T. SANTUCCI, J.P., JOSEPH COVELLO, JOHN M. LEVENTHAL, and ARIEL E. BELEN, JJ.

*1 In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Rosengarten, J.), dated May 14, 2008, which denied their motion for summary judgment on the issue of liability.

ORDERED that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability is granted.

    This action arises out of a two‑vehicle collision on Route I‑95 near an intersection with Delaware Route 8 in New Castle, Delaware. The plaintiffs established their prima facie entitlement to judgment as a matter of law on the issue of liability by submitting the affidavit of the plaintiff driver, Samaroo Persaud (hereinafter the plaintiff), stating that he was traveling on the roadway when his vehicle was struck in the rear by the defendant's vehicle. _A rear‑end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle, and imposes a duty on the operator of the moving vehicle to come forward with an adequate non‑negligent explanation for the accident_  (Arias v. Rosario, 52 A.D.3d 551, 552, 860 N.Y.S.2d 168, citing Smith v. Seskin, 49 A.D.3d 628, 854 N.Y.S.2d 420; Ahmad v. Grimaldi, 40 A.D.3d 786, 834 N.Y.S.2d 480; Campbell v. City of Yonkers, 37 A.D.3d 750, 751, 833 N.Y.S.2d 101; Emil Norsic & Son, Inc. v. L.P. Transp. Inc., 30 A.D.3d 368, 815 N.Y.S.2d 736)._A claim that the driver of the lead vehicle made a sudden stop, standing alone, is insufficient to rebut the presumption of negligence_  (Russ v. Investech Sec., 6 A.D.3d 602, 775 N.Y.S.2d 867;see Arias v. Rosario, 52 A.D.3d at 552, 860 N.Y.S.2d 168; Johnston v. Spoto, 47 A.D.3d 888, 850 N.Y.S.2d 204; Campbell v. City of Yonkers, 37 A.D.3d at 751, 833 N.Y.S.2d 101; Neidereger v. Misuraca, 27 A.D.3d 537, 811 N.Y.S.2d 758; Ayach v. Ghazal, 25 A.D.3d 742, 808 N.Y.S.2d 759).

    The defendant's contention in opposition, that she was traveling at 15‑20 miles per hour approximately two car lengths behind the plaintiff, when the plaintiff suddenly stopped, did not rebut the inference of negligence by providing a non‑negligent explanation for the collision (see  Lundy v. Llatin, 51 A.D.3d 877, 858 N.Y.S.2d 341; Ahmad v. Grimaldi, 40 A.D.3d 786, 834 N.Y.S.2d 480; Russ v. Investech Sec., 6 A.D.3d 602, 775 N.Y.S.2d 867). Therefore, the plaintiffs' motion for summary judgment on the issue of liability should have been granted.

In light of the foregoing, the parties' remaining contentions need not be reached.


N.Y.A.D. 2 Dept.,2008.
Jumandeo v. Franks

 

Law Offices of Gary E. Rosenberg, P.C.

109-01 72nd Road, Suite 1A
Forest Hills, New York 11375

(718) 520-8787

26 Court Street, Suite 404
Brooklyn, New York 11242

Serving: New York City, including the Boroughs of Brooklyn, Queens, Manhattan, Staten Island, and Bronx, and the Counties of Kings, Richmond, Queens, New York, Bronx, Nassau, Suffolk, Westchester, Rockland and Dutchess.

Attorney Web Design The information on this New York Personal Injury Attorney & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Address: 109-01 72nd Road, Suite 1A, Forest Hills, New York 11375    Phone: (718) 520-8787
Administration