Practice point: A person who accepts a ride in a vehicle, with knowledge that the operator may be intoxicated, takes a risk that injury might occur.
Practitioners should note that the risk will be considered in the analysis of comparative negligence as between the vehicle’s operator and the passenger.
Case: Strychalski v. Dailey, NY Slip Op 06134 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Motion practice.
