Hon. Karen Rothenberg (right), now retired, pictured with Hon. Debra Silber.
Photo: Mario Belluomo/Brooklyn Eagle
The Appellate Division, Second Judicial Department, recently issued a ruling on a personal injury case that originated in the Kings County Supreme Court. The case, Alexander Williams v. Princius Isaac, was presided over by Supreme Court Justice Karen Rothenberg, whose decision to deny the defendantโs cross-motion for summary judgment dismissing the complaint was upheld by the appellate court.
The legal issue at hand involved a car accident in which the plaintiff, Alexander Williams, alleged he sustained injuries after his vehicle was rear-ended by the defendant, Princius Isaac. Isaacโs defense contended that his car was hit by an unidentified third vehicle, causing him to collide with Williamsโ vehicle. He sought summary judgment, arguing that this third-party impact absolved him of fault.
The Appellate Divisionโs decision focused on the principle that a driver is presumed negligent in a rear-end collision unless a nonnegligent explanation is provided. Isaacโs failure to demonstrate that he maintained a safe distance from Williamsโ vehicle under the prevailing traffic conditions did not satisfy this burden. Consequently, the appellate court affirmed the lower courtโs decision, emphasizing that every driver is obligated to maintain a safe distance to avoid collisions, per Vehicle and Traffic Law ยง 1129(a).
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