Thrash v Vignier

Holding The court granted summary judgment on liability to the plaintiff, holding that the death of the defendant driver does not alter the legal standards for opposing summary judgment or create a triable issue of fact. The defendant failed to rebut the inference of negligence arising from a rear-end collision with a stopped vehicle by providing a nonnegligent explanation.

The court’s words

the mere absence of testimony from a deceased party, without more, is insufficient to defeat an otherwise properly supported motion for summary judgment

90 Misc 3d 384, at the official text

existing precedent does not support the proposition that the standard for opposing summary judgment is diminished merely because the defendant is deceased

90 Misc 3d 384, at the official text

a rear-end collision with a stopped vehicle creates a prima facie case of negligence against the operator of the moving vehicle

90 Misc 3d 384, at the official text