Lamica v. Pecore

Appeal from an order of the Supreme Court (Dawson, J.), entered July 22, 1999 in Essex County, which granted plaintiffs’ motion to dismiss defendant’s counterclaim.

Plaintiffs commenced this action to recover damages for injuries sustained by their 11-year-old daughter when she was struck by defendant’s motor vehicle while riding her bicycle. Defendant asserted a counterclaim alleging plaintiffs’ failure to furnish a bicycle safety helmet and require their daughter to wear it at the time of the accident, and seeking contribution or indemnification reducing any verdict which they might obtain.…