Stewart v. Taylor

Order unanimously affirmed without costs. Memorandum: Leapert Stewart, Jr., was a front-seat passenger in a vehicle operated by defendant Kenneth Batiste when that vehicle collided with a pickup truck operated by defendant Shawn D. Taylor. At that time, Stewart was 16 years old. Plaintiff, in an amended bill of particulars, alleged that defendant Batiste, as a driver, was negligent in failing to ensure that Stewart, his front-seat passenger, was wearing a safety belt. Plaintiff appeals from an order directing that such allegation be stricken from the amended bill of particulars and that any…