KELLY v. BERBERICH


36 A.D.3d 475 (2007)

828 N.Y.S.2d 332

PRISCILLA KELLY, Respondent, v. MICHAEL A. BERBERICH, Defendant, and STAPLES, INC., Appellant.

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

Decided January 11, 2007.


Plaintiff was injured in a motor vehicle accident when the vehicle she was driving on a Poughkeepsie highway was struck by another vehicle. The accident occurred when an unattended shopping cart, allegedly propelled by strong winds, rolled down the driveway connecting the highway to the parking lot of a store owned by defendant Staples, entered the highway and caused plaintiff to abruptly decrease the speed of her vehicle. Plaintiff's vehicle collided with the cart and, seconds...

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