Plaintiff Gets Summary Judgment in Rear-End Collision Case; Lack of Turn Signal Was Irrelevant

In Serrano v. DTG Enter. Inc., 2019 NY Slip Op 03469 (App. Div. 1st Dept. May 2, 2019) – a rear-end collision car accident case – the First Department reversed the denial of plaintiff’s motion for summary judgment.

From the decision:

It is undisputed that Serrano made a prima facie showing that he was entitled to summary judgment by establishing that the vehicle he was driving was stopped when it was rear-ended by the vehicle driven by defendant Castillo[.] … Defendants failed to set forth any non-negligent explanation for the accident. The accident occurred at the intersection of two local roads controlled by a traffic light. There are no facts giving rise to any reasonable belief by defendant driver that the traffic would have continued unimpeded … Defendants’ allegation that Serrano did not use his turn signal to indicate he intended to turn left was irrelevant to liability because his vehicle was stopped at the time of the collision