Martorell v. Marcus
Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated May 2, 2012, as denied their motion for summary judgment on the issue of liability.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiffs’ motion for summary judgment on the issue of liability is granted.
During the morning of April 23, 2009, the plaintiff John Martorell (hereinafter the injured plaintiff) allegedly was injured when his vehicle was struck in the rear by the defendant’s vehicle, propelling the injured plaintiffs vehicle into the rear of the lead vehicle, which was operated by the nonparty Yasha Mirzakandov. The injured plaintiff, and his wife suing derivatively, thereafter commenced this action against the defendant. The injured plaintiff alleged that both his vehicle and the Mirzakandov vehicle were stopped in traffic, without touching each other, when the defendant’s vehicle struck the rear of the injured plaintiffs vehicle. At her deposition, the defendant testified that, prior to the accident, she saw the injured plaintiffs vehicle traveling three to four car lengths in front of her vehicle, when she took her eyes off the road to pull down her visor. As the defendant recalled, when she turned her attention back to the road, she saw the brake lights of the injured plaintiffs vehicle and applied her brakes, but her brakes were slow to respond, and her vehicle skidded and struck the rear of the injured plaintiffs vehicle approximately 30 seconds after she brought her attention back to the road. The defendant explained that she then saw the injured plaintiffs vehicle strike the rear of the Mirzakandov vehicle. Mirzakandov asserted, at his deposition, that he felt two impacts to the rear of his vehicle.
A rear-end collision with a stopped vehicle creates a prima facie case of negligence with respect to the operator of the mov
Accordingly, the Supreme Court should have granted the plaintiffs’ motion for summary judgment on the issue of liability. Dillon, J.E, Chambers, Hall and Hinds-Radix, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.