James v. Bain

Plaintiffs are the coadministrators of the estate of Shannon Renee James, a teenager who died as the result of injuries she sustained when an automobile in which she was a passenger left the road and struck a tree. The vehicle was owned by defendant and driven by defendant’s grandnephew, Dustin St. Andrews. The facts of this case are otherwise identical to those of Lopes v Bain (82 AD3d 1553 [2011]).

Plaintiffs commenced this wrongful death action alleging that defendant is vicariously liable for the death of James because, among other things, defendant gave permission to St. Andrews to use…