1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 104 A.D.2d
  5. 104 A.D.2d 242 (1984)
 

DELAMATER v. KIMMERLE

104 A.D.2d 242 (1984)

Eleanor F. Delamater, as Administratrix of The Estate of James W. Delamater, Deceased, Respondent, v. Edward F. Kimmerle et al., Defendants, and Elm Tree Restaurant, Inc., et al., Appellants

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

December 20, 1984

Attorney(s) appearing for the Case

Levinson, Jenkins & Karger (Sheila Callahan O'Donnell of counsel), for Gerald A. MacDonald, appellant.

Connor, Curran & Schram (Marlene O. Tuczinski of counsel), for Elm Tree Restaurant, Inc., appellant.

Ainsworth, Sullivan, Tracy & Knauf (Margaret Comard Lynch of counsel), for Four Brothers J.S. MacLoed Restaurant, Inc., appellant.

Gilbert & Walker (Edgar G. Walker of counsel), for respondent.

MAIN, J. P., CASEY, MIKOLL and YESAWICH, JR., JJ., concur.

HARVEY, J.

In the early morning hours of July 4, 1983, plaintiff's decedent, her son, was a passenger in a convertible automobile owned and operated by defendant Edward F. Kimmerle. Both men allegedly were intoxicated. Plaintiff's decedent suffered fatal injuries when thrown from the hood of Kimmerle's car, where he had climbed while the vehicle was in motion. The instant action was commenced against defendant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases