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MOONEY v. OVITT

100 A.D.2d 702 (1984)

Margaret Mooney et al., Appellants, v. Delores M. Ovitt et al., Respondents

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

March 29, 1984

¶ On December 12, 1976, plaintiff Brian Mooney was injured when his pickup truck was struck from behind by an automobile owned by defendant David Braley and operated by defendant Delores Ovitt. The impact dislodged a rifle stored in Mooney's passenger cab, which struck him in the back of the neck. Thereafter, Mooney and his wife commenced this action to recover for personal injuries and derivative loss. Since liability was...

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