Bruning v. Warren O. Hall Building Contractor

OPINION OF THE COURT

Howard Miller, J.

This is an action brought on behalf of a 12-year-old minor who was struck by defendant’s motor vehicle while operating a foot-propelled scooter along the shoulder of the roadway.

At the charge conference held by the court, defendant’s *781counsel requested that the court charge sections of the Vehicle and Traffic Law relating to rules to be observed by pedestrians. Plaintiff’s counsel objected upon the grounds that the minor was not a pedestrian as defined in the Vehicle and Traffic Law, since he was on a manual push scooter.

The issue is thus raised whether the…