ALAMI v. VOLKSWAGEN OF AM.


97 N.Y.2d 281 (2002)

766 N.E.2d 574

739 N.Y.S.2d 867

SHAUNA ALAMI, as Administratrix of the Estate of SILHADI ALAMI, Deceased, Appellant, v. VOLKSWAGEN OF AMERICA, INC., Respondent.

Court of Appeals of the State of New York.

Decided February 19, 2002.


Attorney(s) appearing for the Case

Profeta & Eisenstein, New York City (Fred R. Profeta, Jr., of counsel), and Shandell, Blitz, Blitz, Glass, Bookson & Kern, LLP, for appellant.

Herzfeld & Rubin, P. C., New York City (David B. Hamm, Herbert Rubin, Michael Hoenig and Carl Grasso of counsel), for respondent.

Skadden, Arps, Slate, Meagher & Flom LLP, New York City (Sheila L. Birnbaum, Douglas W. Dunham and Byron G. Stier of counsel), for Product Liability Advisory Council, amicus curiae.

Janice Stitziel Bloom, Irving, Texas, for Mothers Against Drunk Driving, amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and GRAFFEO concur with Judge WESLEY; Judge ROSENBLATT dissents and votes to affirm in a separate opinion.


OPINION OF THE COURT

WESLEY, J.

In the early morning hours of May 10, 1995 Silhadi Alami was driving home alone in his Volkswagen Jetta on the Saw Mill River Parkway in Yonkers. Traveling at approximately 35 miles per hour, the Jetta left an exit ramp and collided with a steel utility pole. Alami died as a result of his injuries—fractures of the ribs, rupture of the liver and massive internal hemorrhaging. At the time of the collision, his blood alcohol...

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