Levitt v. Peluso

638 N.Y.S.2d 878 (1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P, a pedestrian, was blinded in one eye by an egg thrown from a moving automobile owned by Eugene (D) and permissively operated by D in which Russell DiBenedetto (D) was a passenger. A statute which imposes vicarious liability against the owner of a motor vehicle for injury resulting from negligence in its permissive use or operation. P sued Ds. D and DiBenedetto (D) entered voluntary pleas to the charge of assault in the third degree. P moved for summary judgment against Eugene (D). Eugene (D) moved to dismiss.