Colla v. Mandella

Defendants contend first that by her pleading plaintiff is precluded from the right to rely upon the doctrine. In addition to allegations contained in her complaint setting forth facts calling for its application and asserting those facts as a separate ground of negligence, she made the following allegations upon information and belief:

“The defendant, Domenic Mandella, left his said truck parked and stopped in said alley on said incline and went into his adjoining home, leaving said truck unattended; despite the said defendant’s knowledge at said time and place that his two minor sons, age…