Bachman v. Cook

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this negligence action on behalf of their infant son, Derek M. Bachman, who sustained injuries while in-line skating. It is undisputed that Derek was properly in-line skating with his friends single-file along the right-hand shoulder of the road (see, Vehicle and *939Traffic Law § 1234 [a], [b]). Defendant Daniel Spezio approached Derek from behind in his vehicle, while defendant Robert Cook approached Derek from the opposite direction in his vehicle.…