While driving, Glorya Cabrera noticed that the vehicle in front of her was double-parked and blocked her way. As she prepared to switch lanes, Glorya was rear-ended by Ramon Rodriguez.
After the Bronx County Supreme Court denied her request that Ramon be found liable for her damages, Glorya appealed.
When a collision occurs while a vehicle is stopped (or stopping) the driver of the rear vehicle is presumed negligent unless there's an appropriate explanation for the accident. (That the lead vehicle came to a "sudden stop" isn't an excuse.)
The Appellate Division, First Department, didn't think Glorya's attempt to avoid the double-parked car (in front of her) created an "issue of fact" as to who had the right-of-way. It also found Ramon liable because he conceded that Glorya was stopped when he crashed into her.
That certainly totaled that.
To view a copy of the Appellate Division's decision, please use this link: Cabrera v. Rodriguez