Knupp v. Schmelzer

This is a proceeding pursuant to CPLR 1207 to settle an infant’s action for personal injuries and for an award of attorney’s fees. Some of the facts were asserted at oral argument but are not controverted. The infant, then four years old, was a passenger in an automobile operated by her mother and owned by her stepfather. The mother made a left turn at an intersection on a four-lane, divided highway, and was struck by an oncoming vehicle operated by the defendant Leverty. Sight distance at the intersection is adequate but the mother testified, at an examination before trial, that she did not…