A Nassau County Court denied plaintiff driver’s motion for summary judgment on her claims arising out of an alleged rear-end collision.

Plaintiff alleged that she was stopped at an intersection and waiting to make a left-hand turn when a vehicle driven by the defendant collided with her from behind. Her vehicle was facing in the same direction as defendant’s, and she had no opportunity to avoid contact. She averred she was having no mechanical issues with the car.

In opposition the defendant showed that evidence demonstrated damage on the sides of both vehicles indicating this was not a purely rear-end collision. The passenger side and rear of plaintiff’s vehicle made contact with defendant’s quarter panel and front. Sun glare prevented defendant from bringing his vehicle to a complete stop when plaintiff’s vehicle came to a sudden halt before him. On this record, defendant contended that there was a question of fact and summary judgment was premature. Plaintiff argued that defendant could not both testify to the position of plaintiff’s car and object this his vision was hampered by sun glare.

The Court denied the motion finding that plaintiff had not established prima facie showing of entitlement to summary judgment on the issue of liability. “There is a question of fact as to how the collision occurred and whether the parties acted reasonably in trying to prevent the collision.”

AGF&J’s Alex Berger briefed the opposition to the motion on behalf of the defendant.