According to a July 19, AP report “The operator of a light-rail train that crashed [in San Francisco], injuring dozens of passengers as well as the operator, came under scrutiny on Sunday as federal investigators tried to figure out why he turned off the automatic controls moments before the accident. Ted Turpin, an investigator with the National Transportation Safety Board, said that the operator switched the controls from automatic to manual in a tunnel near the West Portal Station and that he never engaged the emergency brake. Had the operator kept the autopilot on, Mr. Turpin said, the train would have slowed down before arriving at the station and most likely not have careened into a parked train while going 23 miles per hour.”

Rear End Crash Denied Summary Judgment
In Borowski v. Ptak, (4th Dept. June 2013), a 3-2 decision, the Fourth Department upheld the lower Court’s denial of a summary judgement motion for defendant.
This rear-end crash was a little different than most cases. In this case the Plaintiff was the party that rear-ended the defendant.