Legal Opinion

Carroll v. Station Managers, Inc.

Civil Court of the City of New York

Decided June 10, 1980PublishedCited by 2 opinions

1Opinion of the Court

*1015OPINION OF THE COURT

Anne G. Feldman, J.

This is an action for property damage in which the facts are essentially undisputed. Defendant Station Managers owns and operates a Mobil Oil service station. On November 1, 1976, plaintiff drove his automobile into defendant’s station to purchase gasoline. While standing beside the gasoline pump, plaintiff’s car was struck and damaged by a driverless, out-of-control vehicle which had been undergoing repairs at the rear of the station, directly behind the pump.

From the testimony elicited at trial, it appears that defendant’s employee, Earl Watkins,…

2Cases cited5 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Pulka v. EdelmanNew York Court of Appeals · 1976
  3. Riviello v. WaldronNew York Court of Appeals · 1979
  4. Bing v. ThunigNew York Court of Appeals · 1957
  5. Burns v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1958

3Cited by2 opinions

  1. Bradley v. H.A. Manosh Corp.Supreme Court of Vermont · 1991
  2. First Interregional Equity Corp. v. HaughtonDistrict Court, S.D. New York · 1992

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