Thurel v. Varghese
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Santucci, J.
On this appeal we deal with the novel issue of whether a mother who chooses to hold her two-month-old infant son in her arms while riding as a passenger in the back seat of a car, may be held liable for comparative negligence, when the child is killed as a result of an automobile accident. Under the circumstances presented herein we find that such a claim does not present a cognizable cause of action under the current state of New York law.
The factual background to this appeal presents a tragic scenario. On October 4, 1991, the plaintiff Magalie Thurel…
2Cases cited11 opinions
- Holodook v. SpencerNew York Court of Appeals · 1974
- Grivas v. GrivasAppellate Division of the Supreme Court of the State of New York · 1985
- Goedkoop v. Ward Pavement Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Hurst v. TitusAppellate Division of the Supreme Court of the State of New York · 1980
- Acquaviva v. PiazzollaAppellate Division of the Supreme Court of the State of New York · 1984
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- Smith v. KinseyAppellate Division of the Supreme Court of the State of New York · 2008
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