Simms v. Nicholson

OPINION OF THE COURT

Plaintiff, an inspector for the New York City Taxi and Limousine Commission (TLC), was injured when she was struck by a Chevrolet-model automobile owned by defendant Avis Rent A Car (Avis) and leased to the defaulting defendant driver Nicholson, who, it is agreed, was unlawfully using the car as a livery vehicle without requisite TLC authorization. Plaintiffs deposition testimony indicated that the incident occurred when defendant Nicholson, in an apparent attempt to avoid apprehension, drove the car erratically, backing into the plaintiff and striking and knocking her to…