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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.