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Rushink v. Gerstheimer
New York State Supreme Court
82 A.D.2d 944 (1981)
Mary Gerstheimer (defendant) drove to the Middletown Psychiatric Center. Gerstheimer parked her car in front of a pharmacy that was located on Middletown Psychiatric’s grounds. Gerstheimer left the keys in the ignition and the car unattended. A Middletown Psychiatric resident patient, Stephen Rushink, drove away in Gerstheimer’s car. Rushink drove off the road, hit a tree, and died. Section 1210(a) of New York’s Vehicle and Traffic law prohibited a person from leaving a vehicle unattended without removing or hiding the vehicle’s key. Rushink’s estate (plaintiff) sued Gerstheimer for negligence, alleging that because she violated § 1210(a), Gerstheimer was negligent per se. Rushink’s estate moved for summary judgment. Gerstheimer also moved for summary judgment. The trial court denied both parties’ motions to dismiss. Rushink’s estate and Gerstheimer appealed.
Rule of Law
Holding and Reasoning (Mahoney, J.)
Concurrence (Mahoney, J.)
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