Allcity Insurance v. Old Greenwich Delicatessen

Frite W. Alexander, II, J.

These are unusual facts. The statutory law has undergone major revision since facts similar to these were last considered by the courts of this State.

The parties stipulated that “ Defendant’s employee, brought the car into the Flo Car Auto Wash [hereinafter c Car Wash ’]. The car was attached to a tow line and towed without its operator, through the ear wash. When it emerged from the wash, it suddenly rolled down an incline, without operator, and its engine not engaged, and struck plaintiff’s car parked by the curb.” Plaintiff’s subrogee is suing defendant for…