JOHNSON v. VERONA OIL, INC.


36 A.D.3d 991 (2007)

827 N.Y.S.2d 747

ELYSSA L. JOHNSON, an Infant, by SHIRLEY A. FREDO, Her Parent and Guardian, et al., Respondents, v. VERONA OIL, INC., Doing Business as THE COUNTRY STORE, Appellant, et al., Defendants.

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

Decided January 4, 2007.


Mercure, J.

After drinking beer at a party, defendant Andrew Cobb (hereinafter Cobb), age 19, fell asleep at the wheel while driving his truck and crashed into a pole. Plaintiff Elyssa L. Johnson, age 15, was a passenger in the truck at the time and, as a result of the accident, suffers from permanent brain damage and paralysis. Plaintiffs thereafter commenced this action, alleging as relevant here that defendant Verona Oil, Inc., doing business as the Country Store...

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