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:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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