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PAPWORTH v. LANDROVER NORTH AMERICA, INC.

1 A.D.3d 898 (2003)

767 N.Y.S.2d 194

CYNTHIA PAPWORTH, Individually and as Administrator of the Estate of JOHN T. PAPWORTH, Deceased, et al., Respondents, v. LANDROVER NORTH AMERICA, INC., Defendant, and MICHELIN NORTH AMERICA, INC., Appellant. (Action No. 1.) CYNTHIA PAPWORTH, Individually and as Administrator of the Estate of JOHN T. PAPWORTH, Deceased, et al., Plaintiffs, v. MIDAS INTERNATIONAL, INC., by and through its Agents, Officers and/or Employees, et al., Defendants. (Action No. 2.) UTICA MUTUAL INSURANCE COMPANY, as Subrogee of CYNTHIA PAPWORTH et al., Respondent, v. LANDROVER NORTH AMERICA, INC., et al., Defendants, and MICHELIN NORTH AMERICA, INC., Appellant. (Action No. 3.)

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

November 21, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced these actions seeking to recover damages arising out of the death of John T. Papworth (decedent). Decedent was killed in 1998 when the vehicle that he was driving, manufactured by defendant Landrover North America, Inc., spun out of control and rolled over several times, allegedly as a result of a tire blowout...

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