Legal Opinion · Dissent

HAIN, ANDREW J. v. JAMISON, ANGELA J.

Appellate Division of the Supreme Court of the State of New York

Decided July 10, 2015No. CA 14-02093Published

1DissentWhalen, J.

I respectfully dissent. Defendant Drumm Family Farm, Inc. (Drumm Farm), as landowner and owner of the calf that plaintiff’s wife (decedent) encountered on the roadway, may be held liable for her injuries if it negligently allowed the calf to stray from its property (see Hastings v Sauve, 21 NY3d 122, 125-126 [2013]), and its negligence was a substantial cause of the events that resulted in decedent’s injuries (see Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315 [1980], rearg denied 52 NY2d 784 [1980]; Pomeroy v Buccina, 289 AD2d 944, 945 [2001]). Contrary to the majority, I conclude that…

2Cases cited10 opinions

  1. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  2. Kush v. City of BuffaloNew York Court of Appeals · 1983
  3. Sanchez v. State of NYNew York Court of Appeals · 2002
  4. Kriz v. SchumNew York Court of Appeals · 1989
  5. Hastings v. SauveNew York Court of Appeals · 2013

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API