Di Ponzio v. Riordan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
We are presented in this case with an issue of first impression for appellate courts in New York: is it foreseeable that an unattended parked car, with its motor running, would inexplicably move and strike a patron at a gas station? We hold that, as a matter of law, it is not foreseeable that such a chain of events would occur.
I
On April 15, 1991, at about 1:00 p.m., Richard Di Ponzio (plaintiff) arrived at a Kwik Fill gas station in the City of Rochester, owned by United Refining Company of Pennsylvania, doing business as Kwik Fill, and Rochester Gasoline Corp.…
2Cases cited28 opinions
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Basso v. MillerNew York Court of Appeals · 1976
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Pulka v. EdelmanNew York Court of Appeals · 1976
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3Cited by9 opinions
- Di Ponzio v. RiordanNew York Court of Appeals · 1997
- DiFranco v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Lee v. City of RochesterNew York Supreme Court · 1997
- Ward v. Pyramid Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Portelli v. GarciaNew York Supreme Court · 2003
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