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Bajrami v. Twinkle Cab Corp.
Citations: 2017 NY Slip Op 1458; 147 A.D.3d 649; 46 N.Y.S.3d 879Docket: 3193
Court: Appellate Division of the Supreme Court of the State of New York; February 22, 2017; New York; State Appellate Court
Original Court Document: View Document
In Bajrami v. Twinkle Cab Corp., the Appellate Division, First Department, addressed an appeal involving a taxi accident. The court modified a previous ruling from the Supreme Court, Bronx County, which had denied summary judgment for defendants Ortal Taxi Corp. and Isaiah Ocansey while granting partial summary judgment to the plaintiff, Medine Bajrami, regarding liability against Twinkle Cab Corp. and Saleh Ahmed. The incident involved Bajrami, a passenger in a taxi driven by Ahmed, which rear-ended a vehicle owned by Ortal Taxi Corp. and driven by Ocansey, who had stopped in traffic. The court emphasized that a rear-end collision with a stopped vehicle establishes a prima facie case of negligence against the driver of the rear vehicle. The burden then shifts to that driver to provide a non-negligent explanation for the accident. Ahmed's claim that Ocansey made a sudden stop was deemed insufficient to rebut the presumption of negligence. The court found that Ahmed failed to present a valid non-negligent explanation for the collision or raise a triable issue regarding Ocansey's comparative negligence. Consequently, the court granted summary judgment in favor of Ortal Taxi Corp. and Ocansey, while affirming the liability ruling against Twinkle Cab Corp. and Ahmed. The decision was entered on February 23, 2017, and is subject to revision before official publication.