Meagher v. Greis

—Order unanimously reversed on the law without costs, motions granted and complaint and amended third-party complaint dismissed. Memorandum: Plaintiff commenced this wrongful death action after plaintiff’s decedent was killed while a passenger in a vehicle owned by third-party defendant National Fuel Gas Distribution Corporation and driven by third-party defendant Joseph A. Becker. Defendant’s vehicle struck a deer that was running across the road, propelling the deer into the windshield of the oncoming vehicle driven by Becker. Plaintiff’s decedent was killed when the deer crashed through…