VELLA v. DRISCOLL


45 A.D.2d 718 (1974)

Jeanne Vella, an Infant, by Her Father Peter Vella, et al., Appellants, v. Jack Driscoll, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 3, 1974


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

No questions of fact were considered. The proof raised questions for the jury as to whether a reasonably prudent person would have permitted the infant plaintiff to place her hand in such a position as to cause her injury, as to whether a reasonably prudent person should have foreseen the consequences of opening the door to the automobile and as to whether the infant plaintiff was...

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