Kelvin Johnson v. Thomas Ward Cain

Summary

The Appellate Division, Second Department affirmed an order granting the plaintiff summary judgment on liability in a rear-end automobile accident and dismissing the defendant's seatbelt defense. The court held that the plaintiff established a prima facie case through his affirmation that the defendant's vehicle struck his vehicle from behind and that he was wearing a seatbelt. The defendant's claim that the plaintiff stopped suddenly was conclusory and did not raise a triable issue of fact or show that the motion was premature.

Holdings

1. Plaintiff established prima facie entitlement to judgment as a matter of law on liability by showing that defendant's vehicle struck plaintiff's vehicle from behind, and defendant failed to provide a non-negligent explanation sufficient to raise a triable issue of fact.
2. Plaintiff was entitled to summary judgment dismissing defendant's affirmative defense alleging failure to wear a seatbelt because plaintiff's affirmation stated that he was wearing a seatbelt and defendant did not dispute that representation.
3. The motion was not shown to be premature despite the lack of completed discovery.

Questions Presented

1. Whether plaintiff was entitled to summary judgment on liability based on evidence that defendant's vehicle rear-ended plaintiff's vehicle.
2. Whether plaintiff was entitled to summary judgment dismissing defendant's affirmative defense alleging that plaintiff failed to use a seatbelt.
3. Whether plaintiff's summary-judgment motion was premature because discovery had not yet occurred.

Disposition

affirmed