Gallardo Levin Reiter & Rogers obtained summary judgment in favor of its client, a Church volunteer driving a Church van, who was injured when another vehicle rear-ended the van. The rear-ending driver asserted a counterclaim against Gallardo Levin Reiter & Rogers‘ client for contribution. The Court agreed with Gallardo Levin Reiter & Rogers‘ arguments that the counterclaim should be dismissed as a rear-end collision establishes a prima facie case of negligence on the part of the driver of the rear vehicle, thereby requiring the rear-ending driver to provide a non-negligent explanation for the collision, and that the driver of the rear vehicle in this case failed to do so. The Court also agreed with Gallardo Levin Reiter & Rogers‘ assertion that the motion was not premature even though depositions had not yet taken place as motions for summary judgment should not be denied based on a mere hope or speculation that discovery may uncover additional evidence. The case was handled by Gallardo Levin Reiter & Rogers Partner, Christopher Rogers.
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