VITELLO v. GENERAL MOTORS CORPORATION


49 A.D.3d 448 (2008)

853 N.Y.S.2d 550

FRANCES VITELLO, Individually and as Mother and Natural Guardian of MICHAEL VITELLO, Respondent, v. GENERAL MOTORS CORPORATION (CHEVROLET MOTORS DIVISION), Appellant, et al., Defendants.

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

Decided March 25, 2008.


By its submission of the driver's testimony that the vehicle hydroplaned on the wet road as he went into a curve and the affidavit by an expert opining that the accident occurred because the vehicle's handling and cornering effectiveness were diminished by the fresh rain, defendant established prima facie that the accident in which the infant plaintiff allegedly was injured was not the result of a defect that caused the vehicle's inner bushing retainer nuts to come loose...

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