The defendant driver of the lead vehicle in a rear-end collision brought a motion for summary judgment to dismiss the plaintiff's claim and the co-defendant's crossclaim against her.
The co-defendant driver of the rear vehicle opposed the motion, alleging the lead vehicle stopped suddenly.
The court applied the presumption that the rear driver is at fault and found the co-defendant failed to discharge the onus to show the accident did not occur as a result of his negligence.
The motion was granted and the claims against the lead driver were dismissed.
