Ackert v. David

Plaintiff brought this action for injuries sustained as a passenger in a car driven by her husband which collided with a trailer pulled by a farm tractor operated by defendant Francis R. David and owned by defendant Kenneth L. Thomas III, David’s employer. Thomas appeals the denial of his motion pursuant to CPLR 3211 (a) (7) for an order dismissing plaintiff’s complaint against him.

Thomas argues that, as the owner of a tractor used exclusively for agricultural purposes, he is exempt from statutorily imposed vicarious liability for the negligence, if any, on the part of David (see Vehicle and…