Legal Opinion
Plath v. Justus
New York Court of Appeals
Decided February 17, 1971PublishedCited by 53 opinions
1Opinion of the CourtJasen, J.
Plaintiff’s intestate was allegedly killed as a result of being struck by an automobile owned by the defendant and driven by one Edwin T. Moses. Thereafter plaintiff, after reaching a settlement with the driver of the car, executed a release of the driver, reserving, however, any and all rights against any other persons. Plaintiff then instituted this action against the defendant, pursuant to section 388 of the Vehicle and Traffic Law, seeking damages for the wrongful death of the decedent.
In view of the owner’s derivative character of liability under section 388 of the Vehicle and Traffic…
2Cases cited17 opinions
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- Milks v. McIverNew York Court of Appeals · 1934
- Potts v. . PardeeNew York Court of Appeals · 1917
- Gilbert v. . FinchNew York Court of Appeals · 1903
- Van Blaricom v. . DodgsonNew York Court of Appeals · 1917
12 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Carmella M. Pinto v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 2000
- Cartel Capital Corp. v. Fireco of New JerseySupreme Court of New Jersey · 1980
- Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
- Edgar County Bank & Trust Co. v. Paris Hospital, Inc.Illinois Supreme Court · 1974
- Elrac, Inc. v. WardNew York Court of Appeals · 2001
48 more not listed; retrieve them via the Exa API.