Joseph Ventricelli, Appellant-Respondent, v. Kinney System Rent a Car, Inc., et al., Respondents-Appellants, and Antonio Maldonado, Respondent. Phone: (908) 322-5215. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. Case 11 is a slight variant of the facts in Ventricelli v. Kinney Sys. Under Dole v Dow Chem. The court affirmed the judgment of the appellate court in modifying the lower court’s order to dismiss the lessee’s personal injury action against the rental company. If Plaintiff cannot prove all of these elements, he/she cannot succeed on a negligence claim. 1301 Terrill Road, Scotch Plains, NJ 07076. Maldonado does not appeal. Co., 51 NY2d 308:Sheehan v City ofNew York. N.Y.2d 950, 952, 411 N.Y.S.2d 555, 383 N.E.2d 1149, supra ; Rivera v. City of New York, 11 N.Y.2d 856, 227 N.Y.S.2d 676, 182 N.E.2d 284). 4. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. In this instance, the court of appeals was not willing to extend the accident’s foreseeability to the extent that the lower court did. The Supreme Court of New York, Appellate Division, modified the trial court’s order to dismiss the action against Kinney limiting recovery from the automobile owner. North Las Vegas. 66 A.D.2d 874 - MARTINEZ v. LAZAROFF, Appellate Division of the Supreme Court of the State of New York, Second Department. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. Dissent. Kinney System Rent A Car, 45 N.Y.2d 950, 952, 411 N.Y.S.2d 555, 383 N.E.2d 1149 supra; Rivera v. City of New York, 11 N.Y.2d 856, 227 N.Y.S.2d 676, 182 N.E.2d 284). ADDITIONAL INSURED COVERAGE POST-BURLINGTON As … Rent A Car, 45 NY2d 950, 952 [1978], mot to amend remittitur granted 46 NY2d 770 [1978]). Ventricelli- was a cause of the accident. 2916 Paradise Hill Ct, North Las Vegas. Was Kinney’s negligence in leasing a defective auto to Plaintiff, the proximate cause of the resulting harm? This website requires JavaScript. 1)) Mitchell v. Rochester Railway151 N.Y. 107, 45 N.E. reversed and remanded, affirmed, etc. Ventricelli v. Kinney: Fact Summary. Discuss the Distinction between “A” Proximate cause & “THE” proximate cause & what is the distinction important? Case- Ventricelli v. Kinney System Rent A Car, Inc.,45 N.Y.2d 950 (1978) For a person (Plaintiff) to succeed on a negligence claim, he or she must prove that there is a duty of care that was breached and caused damages. Of Child Support Services v. Brown 11 Cal.Rptr.3d 489 (Cal.App. Rent A Car, we held that proximate [*5]cause was lacking, as a matter of law, because the defendant automobile lessor’s negligence merely furnished the occasion for the injury (45 NY2d at 952). The word proximate describes convenience, public policy and a rough sense of justice. The rule of law is the black letter law upon which the court rested its decision. ). Read Tutrani v. County of Suffolk, 10 N.Y.3d 906 free and find dozens of similar cases using artificial intelligence. Sheehan v. New York; Ventricelli v. Kinney System Rent A Car, Inc46 N.Y.2d 770, 413 N.Y.S.2d 655, 386 N.E.2d 263 (1978) N.Y. Marshall v. Nugent; Hughes v. Lord Advocate; Moore v. Hartley Motors36 P.3d 628 (Alaska 2001). Corp., , 51 NY2d 308, 315 [1980]; see also Ventricelli v Kinney Sys. Become a member and get unlimited access to our massive library of Summary judgment granted (defendants prevailed 0 finding no duty and no proximate cause). By contrast, in Ventricelli v Kinney Sys. Issue. North Las Vegas. Questions or Feedback? p xmlns=incisive-repositoryWilliams P.J. The foreseeable harm test has two requirements: (1) a reasonably foreseeable result or type of harm; and (2) the absence of any superseding intervening force. The corollary is that the defendant should have reasonably foreseen, as a risk of her conduct, the general consequences or type of harm suffered by the plaintiff. Clearly, Officer Weidl's actions created a foreseeable danger that vehicles would have to brake aggressively in an effort to avoid the lane obstruction created by his vehicle, thereby increasing the risk of rear-end [*3]collisions (cf. 248 NY 339:Ventricelli v Kinney Sys. Then click here. Synopsis of Rule of Law. Rent A Car, 45 NY2d 950, 952 [1978]). Sign up for a free 7-day trial and ask it. Rent A Car, Inc., 45 N.Y.2d 950, 383 N.E.2d 1149, modified, 46 N.Y.2d 770, 386 N.E.2d 263 (1978) (an edited version of which appears in Torts and Compensation: Personal Accountability and Social Responsibility for Injury 233 (Dan B. Dobbs et al. Kinney appealed. If Plaintiff cannot prove all of these elements, he/she cannot succeed on a negligence claim. A s the court explains (and with which the dissent takes issue): “[t]he word “proximate” means that because of convenience, of public policy, of a rough sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point.”, Negligence: The Scope Of Risk Or 'Proximate Cause' Requirement, Tort Law: Aims, Approaches, And Processes, Establishing A Claim For Intentional Tort To Person Or Property, Negligence: The Breach Or Negligence Element Of The Negligence Case, Duties Of Medical And Other Professionals, The Development Of Common Law Strict Liability, Public Compensation Systems, Including Social Security, Communication Of Personally Harmful Impressions To Others, Communication Of Commercially Harmful Impressions To Others, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam), Medcalf v. Washington Heights Condo. Ventricelli v Kinney Sys. 72, 1968 Cal. App., 272 Mich. App. defendant negligently caused P’s car to swerve into a ditch) and Derdiarian v. Felix Contracting (above) b.ii. Cancel anytime. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. If you logged out from your Quimbee account, please login and try again. Rent A Car, 45 NY2d 950, 952 [1978]). Rent A Car, 45 NY2d 950:Derdiarian v Felix Contr. A plaintiff must demonstrate that the defendant is culpable, i.e., her actions are the legal cause of the plaintiff’s injuries. Fuchsberg applies the “but for” test, i.e., were it not for the rental car’s defective trunk lid, the accident could have been avoided. -Not all criminal acts break the chain of causation (thus be an intervening superseding) (Marcus v Staubs) - Case by case basis Certainly on close calls should go to the jury-Even though have a criminal act, criminal act does not supersede original negligence liability Ventricelli v Kinney Sys. CASE: Thompson v. Kaczinski (pg. eds., 7th ed. 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