Soto v. Motor Vehicle Accident Indemnification Corp.

On May 16, 1986, the infant petitioner, four years old at the time, was crossing an intersection in Brooklyn, New York, when she was struck and injured by a hubcap which became dislodged from a vehicle. The identity of the vehicle and the owner and/or operator thereof are unknown and unascertainable, thus prompting the instant application pursuant to section 5218 of the Insurance Law. Since the facts herein are undisputed, the question of whether a cause of action exists against respondent Motor Vehicle Accident Indemnification Corporation is an issue of law for the court, and it was error to…