THUREL v. VARGHESE


207 A.D.2d 220 (1995)

Magalie B. Thurel, Individually and as Administratrix of The Estate of Ralph Thurel, Deceased, Respondent, v. Mathews Varghese et al., Appellants, et al., Defendant

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

January 17, 1995


Attorney(s) appearing for the Case

Maroney, Ponzini & Spencer, Tarrytown (Marianne Stecich of counsel), for appellants.

Seymour C. Hartman, Brooklyn (Norman S. Goldsmith of counsel), for respondent.

BRACKEN, J. P., KRAUSMAN and GOLDSTEIN, JJ., concur.


SANTUCCI, J.

On this appeal we deal with the novel issue of whether a mother who chooses to hold her two-month-old infant son in her arms while riding as a passenger in the back seat of a car, may be held liable for comparative negligence, when the child is killed as a result of an automobile accident. Under the circumstances presented herein we find that such a claim does not present a cognizable cause of action...

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