ALAMI v. VOLKSWAGEN OF AMERICA, INC.


278 A.D.2d 262 (2000)

718 N.Y.S.2d 604

SHAUNA ALAMI, Appellant, v. VOLKSWAGEN OF AMERICA, INC., Respondent.

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

Decided December 11, 2000.


Ordered that the order is affirmed, with costs.

In support of its motion for summary judgment, the defendant submitted evidence establishing that the plaintiff's decedent was highly intoxicated when he lost control of his vehicle and crashed into a utility pole. Under the circumstances of this case, the negligent manner in which the decedent was operating his vehicle was the sole proximate cause of the collision and his fatal injuries (see, Montero v Muller,

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