VEGA v. CRANE

455 CA 17-01651.

162 A.D.3d 167 (2018)

75 N.Y.S.3d 760

2018 NY Slip Op 03262

CARMEN VEGA, Appellant, v. SHERRY M. CRANE, Administrator of the Estate of COLLIN WARD CRANE, Deceased, et al., Defendants, and TAYLOR CRATSLEY, Respondent. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 4, 2018.


Attorney(s) appearing for the Case

Faraci Lange, LLP, Rochester ( Carol A. McKenna of counsel), for appellant.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse ( Kevin E. Hulslander of counsel), for respondent.

WHALEN, P.J., CENTRA, LINDLEY and CURRAN, JJ., concur.


OPINION OF THE COURT

This action arises from a two-vehicle accident that caused the death of one driver and serious injuries to the other driver. We hold that a person does not owe a common-law duty to motorists to refrain from sending a text message to a person whom he or she knows, or reasonably should know, is operating...

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