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DRATTEL v. TOYOTA CORP.

231 A.D.2d 326 (1997)

662 N.Y.S.2d 535

Caryn Drattel et al., Appellants, v. Toyota Motor Corporation et al., Respondents, et al., Defendants

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

September 15, 1997

Attorney(s) appearing for the Case

Harry H. Lipsig & Partners, P. C., New York City (Arthur H. Bryant, Alan M. Shapey and Brian I. Isaac of counsel), for appellants.

Lester Schwab Katz & Dwyer, New York City (Eric A. Portuguese and Steven B. Prystowsky of counsel), for respondents.

Mayer, Brown & Platt, Washington, D.C. (Kenneth S. Geller, Erika Z. Jones, John J. Sullivan and Lily Fu Swenson of counsel), for Product Liability Advisory Council, Inc., amicus curiae.

FRIEDMANN and GOLDSTEIN, JJ., concur with O'BRIEN, J. P.; PIZZUTO and THOMPSON, JJ., dissent in a separate opinion by PIZZUTO, J.

O'BRIEN, J. P.

The plaintiff Caryn Drattel was injured in an automobile accident while driving her 1991 Toyota Tercel. At the time of the collision, she was wearing both a shoulder harness and a lap belt. The plaintiffs commenced this action against the manufacturer and distributors of the Tercel (hereinafter referred to collectively as Toyota) and against the owner and driver of the other vehicle. The allegations...

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