Legal Opinion

Baker v. Fletcher

New York Supreme Court

Decided March 6, 1948PublishedCited by 9 opinions

1Opinion of the CourtBergan, J.

Petitioner argues that because there was no contact between his car and the truck and because the truck driver was solely negligent in the accident, he is not within the scope of the Motor Vehicle Safety-Responsibility Act (Vehicle and Traffic Law, § 94 et seq_.).

In this argument he is mistaken. If his car was “ involved ” in the accident “ in any manner ”, he is within the act. (See Vehicle and Traffic Law, § 94-e.)

I hold that if petitioner opened the door of his vehicle in such a manner as to affect in any way the operation of the other vehicle, he is “ involved ” in the accident. This…

2Cited by9 opinions

  1. United States v. RoweUnited States Court of Military Appeals · 1962
  2. Clark v. Regent Insurance Co.South Dakota Supreme Court · 1978
  3. State v. PetersenCourt of Appeals of Oregon · 1974
  4. People v. MumaughSupreme Court of Colorado · 1982
  5. Department of Public Safety v. GillaspieCourt of Appeals of Texas · 1952

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