Appellate Court upholds ruling in Kings County rear-end collision case

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 defendantโ€™s 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. Isaacโ€™s 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 Divisionโ€™s decision focused on the principle that a driver is presumed negligent in a rear-end collision unless a nonnegligent explanation is provided. Isaacโ€™s 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 courtโ€™s decision, emphasizing that every driver is obligated to maintain a safe distance to avoid collisions, per Vehicle and Traffic Law ยง 1129(a).

Read the full article here


Comments

Leave a Reply

Your email address will not be published. Required fields are marked *