Rushink v. Gerstheimer

82 A.D.2d 944 (1981)

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Nature of the Case

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Facts

D drove an automobile owned by her husband, to a pharmacy located on the grounds of the Middletown Psychiatric Center. She parked the car in front of the pharmacy with the keys in the ignition. Stephen E. Rushink, a resident patient at the facility, drove away in the vehicle and died when it left the road and struck a tree. P moved for summary judgment contending that there were no triable issues of fact since D violated subdivision (a) of section 1210 of the Vehicle and Traffic Law and that the violation of the statute was the proximate cause of the occurrence. D also moved for summary judgment contending that the statute was not applicable. Both motions were denied. P and D appealed.