Practice point: A defendant cannot be negligent, as a matter of law, when it merely lent its name to the bicycle race during which plaintiff-spectators were struck by the three-wheel scooter operating as one of the pace vehicles.
Practitioners should note that, absent control over the race, defendant had no duty of care.
Case: Chittick v. USA Cycling Inc., NY Slip Op 07043 (1st Dept. 2008)
The opinion is here.
