· 3/20/1997
Di Ponzio v. Riordan
Citations
- 679 N.E.2d 616
- 89 N.Y.2d 578
- 657 N.Y.S.2d 377
- 60 A.L.R. 5th 889
- 1997 N.Y. LEXIS 299
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding defendant not liable because duty to shut off car’s engine at a gas station was to prevent fires not physical injuries resulting from rolling cars
- rejecting gas station’s liability for injury to driver caused by a nearby car rolling into him, despite recognizing that gas station has a duty to ensure drivers turn off their cars to avoid fires and explosions, and discharge of such duty may have avoided the injury
- “Foreseeability of risk is an essential element of a fault-based negligence cause of action because the community deems a person at fault only when the injury-producing occurrence is one that could have been anticipated.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Titone
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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