HAMMOND v. GMAC INSURANCE GROUP


56 A.D.3d 882 (2008)

866 N.Y.S.2d 456

HAROLD R. HAMMOND, Appellant, v. GMAC INSURANCE GROUP, Respondent.

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

November 6, 2008.


Spain, J.

The facts are undisputed. On May 29, 2005, plaintiff was a passenger in a car driven by his friend and owned by plaintiff's mother. They stopped for gas and, while plaintiff was pumping gasoline, the gas pump nozzle popped out of the car's fuel tank, causing some gasoline to spill on the ground and, unbeknownst to him, on his clothing. Plaintiff then entered the gas station store to purchase a pack of cigarettes. Shortly after leaving the gas station in...

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