Johnson v Payne

Holding The Appellate Division reversed the lower court’s grant of summary judgment on liability because the defendants raised triable issues of fact regarding a nonnegligent explanation for the rear-end collision. The court determined that the defendant driver’s affidavit alleging the plaintiff’s vehicle abruptly changed lanes and stopped suddenly was sufficient to rebut the prima facie case of negligence.

The court’s words

the defendants raised triable issues of fact as to the existence of a nonnegligent explanation for striking the rear of the plaintiff's vehicle

2026 NY Slip Op 05775, at the official text

the accident occurred when the plaintiff's vehicle abruptly changed lanes, without signaling, and immediately came to a sudden stop in front of the defendants' vehicle

2026 NY Slip Op 05775, at the official text