Gerrity v. Muthana

Martoche and Pine, JJ. (dissenting).

We respectfully dissent. Although the underlying facts of the motor vehicle accident are not generally disputed, we conclude that there are issues of fact whether, based on those undisputed facts, Leprechaun Lines, Inc. (defendant) was negligent and if so, whether its negligence was a proximate cause of the collision between its bus and the bus driven by Thomas M. Gerrity (plaintiff). In addition, there is thus a further issue of fact whether defendants County of Erie/Erie Community College (County) and City of Buffalo (City) may be held vicariously liable…