LEVITT V. PELUSO 638 N.Y.S.2d 878 (1995) CASE BRIEF

LEVITT V. PELUSO
638 N.Y.S.2d 878 (1995)
NATURE OF THE CASE: Levitt (P) motioned for summary judgment on his suit claiming that the owner of a car was vicariously liable for the act of Peluso (D) in throwing an egg from the moving vehicle and blinding P. The owner of the car moved to dismiss.
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.

ISSUE:


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LEGAL ANALYSIS:





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