The co-defendants brought a motion for summary judgment dismissing a personal injury action arising from a rear-end motor vehicle collision.
The plaintiff alleged negligence by the drivers of two vehicles ahead of him, asserting that their actions in slowing and stopping after police intervention caused the collision.
The court reviewed police reports, discovery transcripts, and documentary evidence and held that the plaintiff failed to rebut the presumption of negligence that applies to a driver who rear-ends another vehicle.
The evidence established that the plaintiff was following too closely and failed to maintain proper vigilance and control.
The court concluded that there was no genuine issue requiring a trial and dismissed the plaintiff’s claims and cross-claims.
