Starace v. Inner Circle Qonexions, Inc.
| Decision Date | 29 November 1993 |
| Citation | 198 A.D.2d 493,604 N.Y.S.2d 179 |
| Parties | Caterina STARACE, Respondent, v. INNER CIRCLE QONEXIONS, INC., et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
Biedermann, Hoenig, Massamillo & Ruff, New York City (Justin E. Driscoll, III, of counsel), for appellants.
Bruce S. Reznick, Brooklyn (Thomas Torto, of counsel), for respondent.
Before BALLETTA, J.P., and ROSENBLATT, SANTUCCI and JOY, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover damages for personal injuries, the defendants Inner Circle Qonexions, Inc., and Jennis Medlock appeal from a judgment of the Supreme Court, Kings County (Garry, J.), entered March 7, 1991, which, upon a ruling awarding the plaintiff judgment as a matter of law as to liability, and upon a jury verdict as to damages, is in favor of the plaintiff and against the defendants in the principal sum of $40,000.
ORDERED that the judgment is affirmed, with costs.
Contrary to the appellants' contentions, the plaintiff presented sufficient evidence to establish that while she was a passenger in a bus owned by the defendant Inner Circle Qonexions, Inc. (hereinafter Qonexions), and operated by the defendant Jennis Medlock, the Qonexions bus struck another bus in the rear. In Benyarko v. Avis Rent A Car Sys., 162 A.D.2d 572, 573, 556 N.Y.S.2d 761, quoting from Young v. City of New York, 113 A.D.2d 833, 833-834, 493 N.Y.S.2d 585, this court held:
" 'When a rear-end collision occurs * * * such collision is sufficient to create a prima facie case of liability on the part of defendant and imposes a duty of explanation with respect to the operator of the offending vehicle * * * Conclusory allegations * * * in opposition do not rebut the inference of negligence created by the unexplained rear-end collision' ".
Since the appellants did not come forward with any evidence to rebut the inference of negligence, we conclude that the trial court properly awarded the plaintiff judgment as a matter of law on the issue of liability.
We also agree that the trial court did not err in refusing to instruct the jury to disregard testimony regarding the plaintiff's pre-existing osteoarthritis condition. Because the plaintiff did not testify about her arthritis condition or claim that it was an injury sustained as a result of the accident, the trial court's general instructions, which made it clear that the plaintiff could only recover for injuries resulting from the accident, were sufficient (s...
To continue reading
Request your trial
-
Krynski v. Chase
...383 (1st Dep't 1998); Asante v. Williams, 227 A.D.2d 123, 641 N.Y.S.2d 317 (1st Dep't 1996); Starace v. Inner Circle Qonexions, Inc., 198 A.D.2d 493, 604 N.Y.S.2d 179 (2d Dep't 1993). Although these cases are generally devoid of great factual detail, including the actual speed of the vehicl......
-
Berger v. Ickovicz
...Leal v. Wolff, 224 A.D.2d 392, 638 N.Y.S.2d 110; Gambino v. City of New York, 205 A.D.2d 583, 613 N.Y.S.2d 417; Starace v. Inner Cir. Qonexions, 198 A.D.2d 493, 604 N.Y.S.2d 179; Edney v. Metropolitan Suburban Bus Auth., 178 A.D.2d 398, 577 N.Y.S.2d 102). Further, the operator of the moving......
-
McHugh v. Martin
...674,670 N.Y.S.2d 575 [2nd Dept. 1998], citing Gambino v. City of New York, 205 A.D.2d 583, 613 N.Y.S.2d 417; Starace v. Inner Circle Qonexions, 198 A.D.2d 493, 604 N.Y.S.2d 179; Edney v. Metropolitan Suburban BusAutlu, 178 A.D.2d 398, 577 N.Y.S.2d 102; Benyarko v. Avis_RentA Car Sys._, 162 ......
-
Lopez v. Minot
...v. Lazzarini, 222 A.D.2d 635, 635 N.Y.S.2d 694; Gambino v. City of New York, 205 A.D.2d 583, 613 N.Y.S.2d 417; Starace v. Inner Circle Qonexions, 198 A.D.2d 493, 604 N.Y.S.2d 179; Edney v. Metropolitan Suburban Bus Auth., 178 A.D.2d 398, 577 N.Y.S.2d 102; Benyarko v. Avis Rent A Car Sys., 1......