Diaz v. Sopade

According to the appellant’s deposition testimony, while in the course of his employment as a car service driver, a passenger armed with a metal rod demanded the appellant’s money and then struck him in the head with the instrument, rendering him unconscious. The vehicle subsequently went out of *559control, struck another vehicle operated by the defendant Mary Whetstone, and mounted a sidewalk, striking the infant plaintiff, who was on his bicycle at the time. The plaintiffs commenced the present action, alleging, inter alia, that the accident was proximately caused by negligence on the…