How have courts interpreted falling asleep at the wheel of a vehicle?

In Stanley v. Burnside, 20 Misc.2d 932, 192 N.Y.S.2d 452; 10 A.D.2d 652, 199 N.Y.S.2d 408, defendant claimed that he fell asleep at the wheel of his car without any prior indication or knowledge of drowsiness or tiredness on his part. His attorney claimed that an operator of a motor vehicle is not negligent as a matter of law when he falls asleep while driving, and that such a circumstance merely creates an inference of negligence. The court held that falling asleep at the wheel creates a rebuttable presumption of negligence,[40 Misc.2d 766] placing upon the defendant the burden to offer proof of the circumstances under which he was operating the vehicle. In that case, in finding for the plaintiff on a motion for summary judgment, the court said that the defendant made no attempt

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