Legal Opinion

Tikhonova v. Ford Motor Co.

New York Court of Appeals

Decided May 5, 2005PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

On this appeal two statutes intersect: on the one hand, vehicle owners are vicariously liable for the negligence of those whom they allow to drive their vehicles (Vehicle and Traffic Law § 388). On the other, a diplomat who drives a vehicle negligently is immune from suit (22 USC § 254d). The question before us is whether a vehicle owner is vicariously hable for the negligence of a diplomat, himself immune from suit. Put differently, when these two statutes go head to head, does the driver’s immunity extinguish the vicarious liability of the owner?

At issue is…

2Cases cited5 opinions

  1. Naso v. LafataNew York Court of Appeals · 1958
  2. Sikora v. KeillorNew York Court of Appeals · 1963
  3. Sikora v. KeillorAppellate Division of the Supreme Court of the State of New York · 1962
  4. Windsor v. State Farm InsuranceDistrict Court, District of Columbia · 1981
  5. Tikhonova v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by19 opinions

  1. Country-Wide Insurance v. National Railroad Passenger Corp.New York Court of Appeals · 2006
  2. Graham v. DunkleyAppellate Division of the Supreme Court of the State of New York · 2008
  3. King v. Car Rentals, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Isabella v. HallockNew York Court of Appeals · 2014
  5. Power v. FrasierAppellate Division of the Supreme Court of the State of New York · 2015

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