TIKHONOVA v. FORD MOTOR CO.


4 N.Y.3d 621 (2005)

830 N.E.2d 1127

797 N.Y.S.2d 799

SVETLANA TIKHONOVA, Respondent, v. FORD MOTOR COMPANY et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 5, 2005.


Attorney(s) appearing for the Case

Nixon Peabody LLP, Garden City (Frank L. Amoroso, Joseph J. Ortego and Santo Borruso of counsel), for appellants.

Pollack, Pollack, Isaac & De Cicco, New York City (Brian J. Isaac of counsel), and Sherman & Basichas LLP (Alyssa Lebensohn and Mark Basichas of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

ROSENBLATT, J.

On this appeal two statutes intersect: on the one hand, vehicle owners are vicariously liable for the negligence of those whom they allow to drive their vehicles (Vehicle and Traffic Law § 388). On the other, a diplomat who drives a vehicle negligently is immune from suit (22 USC § 254d). The question before us is whether a vehicle owner is vicariously liable for...

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