Practice point: To establish liability pursuant to § 388(1), a plaintiff must show negligence in the use or operation of the vehicle, and that the negligence was a cause of the injury.
Practitioners should note that if intentional offensive contact is established, the actor is liable for battery, not negligence.
Case: Ciminello v. Sullivan, NY Slip Op 06396 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Employment Law.
