Staton v. Ilic
| Decision Date | 05 January 2010 |
| Docket Number | 2008-10910 |
| Parties | DIONE STATON et al., Appellants, v. DRAGOS LAV ILIC et al., Respondents. ALBERTO ZORRILLA, Counterclaim Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
v.
DRAGOS LAV ILIC et al., Respondents.
ALBERTO ZORRILLA, Counterclaim Defendant-Appellant.
In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Sampson, J.), entered October 16, 2008, as denied their motion for summary judgment on the issue of liability, and the counterclaim defendant appeals from so much of the same order as denied his cross motion for summary judgment dismissing the counterclaim.
Ordered that the order is reversed, on the law, with one bill of costs payable to the appellants appearing separately and filing separate briefs, and the plaintiffs' motion for summary judgment on the issue of liability and the counterclaim defendant's cross motion for summary judgment dismissing the counterclaim are granted.
A rear-end collision with a stopped vehicle creates a prima facie case of negligence against the operator of the offending vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision (see Ramirez v Konstanzer, 61 AD3d 837 [2009]; Arias v Rosario, 52 AD3d 551 [2008]). If the operator of the moving vehicle cannot come forward with evidence to rebut the inference of negligence, the occupants and owner of the stationary vehicle are entitled to summary judgment on the issue of liability (see Lundy v Llatin, 51 AD3d 877 [2008]; Kimyagarov v Nixon Taxi Corp., 45 AD3d 736 [2007]).
The plaintiffs established their entitlement to judgment as a matter of law by submitting affidavits wherein they averred that the vehicle operated by Alberto Zorrilla, the plaintiff/counterclaim defendant, in which the plaintiff Dione Staton was
a passenger, was stopped when it was struck in the rear by the vehicle operated by the defendant Dragos Lav Ilic and owned by the defendant Snezana Ilic (see Garner v Chevalier Transp. Corp., 58 AD3d 802 [2009]; Jumandeo v Franks, 56 AD3d 614 [2008]; Neidereger v Misuraca, 27 AD3d 537 [2006]; Rainford v Sung S. Han, 18 AD3d 638 [2005]; Russ v Investech Sec., 6 AD3d 602 [2004]). In opposition, the defendants failed to provide a nonnegligent explanation for the collision. The defendant driver's mere assertion that the...
To continue reading
Request your trial
-
Singh v. Avis Rent, Inc.
...Hughes, 79 A.D.3d 1113, 914 N.Y.S.2d 249;DeLouise v. S.K.I. Wholesale Beer Corp., 75 A.D.3d 489, 490, 904 N.Y.S.2d 761;Staton v. Ilic, 69 A.D.3d 606, 892 N.Y.S.2d 486;Lampkin v. Chan, 68 A.D.3d 727, 891 N.Y.S.2d 113;Klopchin v. Masri, 45 A.D.3d 737, 737, 846 N.Y.S.2d 311). In support of the......
-
Balducci v. Velasquez
...Hughes, 79 A.D.3d 1113, 914 N.Y.S.2d 249; DeLouise v. S.K.I. Wholesale Beer Corp., 75 A.D.3d 489, 490, 904 N.Y.S.2d 761; Staton v. Ilic, 69 A.D.3d 606, 892 N.Y.S.2d 486; Lampkin v. Chan, 68 A.D.3d 727, 891 N.Y.S.2d 113; Klopchin v. Masri, 45 A.D.3d 737, 737, 846 N.Y.S.2d 311). Here, in supp......
-
Gutierrez v. Trillium USA, LLC
...795–796, 902 N.Y.S.2d 152, quoting Shamah v. Richmond County Ambulance Serv., 279 A.D.2d 564, 565, 719 N.Y.S.2d 287;see Staton v. Ilic, 69 A.D.3d 606, 892 N.Y.S.2d 486;Lampkin v. Chan, 68 A.D.3d 727, 891 N.Y.S.2d 113;Hakakian v. McCabe, 38 A.D.3d 493, 833 N.Y.S.2d 106). Here, the plaintiff ......
- McCauley v. Sik Kin Lo