Derdiarian v. Felix Contracting Corp.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The operator of a motor vehicle, who failed timely to ingest a dosage of medication, suffered an epileptic seizure and his vehicle careened into an excavation site where a gas main was being installed beneath the street surface. The automobile crashed through a single wooden horse-type barricade put in place by the contractor and struck an employee of a subcontractor, who was propelled into the air. Upon landing the employee was splattered by boiling liquid enamel from a kettle also struck by the vehicl'e. Principally at issue on this appeal is whether…
2Cases cited10 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Sheehan v. City of New YorkNew York Court of Appeals · 1976
- Margolin v. New York Life InsuranceNew York Court of Appeals · 1973
- Ventricelli v. Kinney System Rent A Car, Inc.New York Court of Appeals · 1978
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- John E. Johnson and H/w Ann Marie Johnson v. The Celotex Corporation, Owens-Illinois, Inc.Court of Appeals for the Second Circuit · 1990
- Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
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