While stopped at an intersection, Rosaria Kastritsios's car was rear-ended. And when she later sued Giovanni Marcello, the driver of the vehicle that hit her, the Queens County Supreme Court ended up dismissing the case.
Since there's a "presumption of negligence" whenever a rear-end collision occurs, Marcello was required to show he wasn't negligent in order to avoid liability.
Because he couldn't come up with an appropriate explanation for what happened, the Appellate Division, Second Department, reinstated the case. (His argument that the lady had stopped short wasn't enough to negate his responsibility for what unfolded.)
Was Marcello given short shrift?
To view a copy of the Appellate Division's decision, please use this link: Kastritsios v. Marcello