Tops Markets Not Liable for Vehicle Accident
Daily Record (Rochester, NY) › March 30, 2005
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Summary
Where the plaintiffs brought an action against Tops Markets and other defendants for failing to take adequate precautions to prevent vehicles from coming into contact with pedestrians after one of the plaintiffs was struck by a vehicle driven by a defendant, Tops did not have a duty to take protective measures against the unforeseeable circumstances in this case.
Reviewing the Jan. 20, 2004 decision of New York State Supreme Court, Niagara County Judge Richard C. Kloch in Marie Pizzimenti, Anthony Pizzimenti and Salvatore Ricotta, as executor of the estate of Catherine A, Riccotta, deceased v. Cathie Henn, et al., defendants, Tops Markets, Inc., doing business as Wilson Farms, Nathan Benderson, Ronald Benderson and David H. Baldauf, as trustees under a trust agreement dated Sept. 22, 1993, known as Randall Benderson 1993-1 trust, and Benderson Development Co., Inc., the Appellate Division, Fourth Department affirmed the lower court's order granting summary judgment dismissing the complaint.See the full content of this document
Extract
Tops Markets Not Liable for Vehicle Accident
The five judge panel hearing the case included Judges Samuel L. Green, Henry J. Scudder, Jerome C. Gorski, Salvatore R. Martoche and Elizabeth W. Pine.
The FactsThe plaintiff, Marie Pizzimenti, was injured when she ...See the full content of this document
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