Talbot v. Heimbaugh

On November 10, 1993, Matthew F. Talbot, then nine years qld, was riding as a passenger in a utility vehicle driven by defendant Patricia Heimbaugh (hereinafter defendant) when her vehicle collided with a vehicle driven by defendant Brian J. De Castro. After the accident,, plaintiff, Talbot’s father, commenced this action for personal injuries individually and on his son’s behalf. Following joinder of issue but prior to the completion of discovery, plaintiff moved for partial summary judgment on the issue of defendant’s liability. Supreme Court denied the motion and plaintiff appeals.

Plaintiff…