Enders v. Boggs

OPINION OF THE COURT

George B. Ceresia, Jr., J.

The instant action arises out of a motor vehicle accident which occurred on July 5, 1992. Plaintiff Kelly E. Enders was a passenger in an automobile being operated by defendant Melanie K. Boggs on Grovenor Corners Road, Cobleskill, New York. The motor vehicle allegedly failed to negotiate a turn in the road, left the road, crashed and rolled over. It is uncontroverted *529that plaintiff was wearing a seat belt at the time of the accident. Defendant contends that plaintiff was resting her feet on the dashboard at the time of the accident. Defendant has…