FLOOD v. TRAVELERS VILL. GARAGE, INC.


66 A.D.2d 726 (1978)

David Flood, Respondent, v. Travelers Village Garage, Inc., et al., Appellants

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

December 21, 1978


On the very factual statement in the dissent, we believe that the result reached at Special Term was correct. A factor to be considered in determining what is or is not negligence is, axiomatically, foreseeability. When a driver parks a car on an incline, it is reasonably foreseeable that a mechanical device such as a reverse gear might fail with or without human intervention, particularly when the force of gravity is involved. This would be a "cause * * * to be anticipated...

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