Ventricelli v. Kinney System Rent A Car, Inc

386 N.E.2d 263 (1978)

Facts

Kinney (D) leased Ventricelli (P) a car with a defective trunk lid. D tried to repair it but could not. While P and a passenger were attempting to slam the lid shut, a car suddenly parked several car lengths behind P jumped ahead and ran into P. P won a verdict of $550,000. The Appellate Division reversed and dismissed as to D. P appealed.