Ventricelli v. Kinney System Rent A Car, Inc.

383 N.E.2d 1149 (1978)

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Ventricelli v. Kinney System Rent A Car, Inc.

Court of Appeals of New York
383 N.E.2d 1149 (1978)

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Facts

Ventricelli (plaintiff) leased a car from Kinney (defendant). The car had a defective trunk lid, which would not close correctly. Kinney tried to repair the trunk, but was unsuccessful. While parked in a parking space, Ventricelli attempted to close the trunk. The driver of the car parked behind Ventricelli accidently accelerated forward and collided with Ventricelli, causing him injuries. Ventricelli brought a negligence claim against Kinney, and the jury found that Kinney was liable. The appeals court reversed, dismissing the case in favor of Kinney.

Rule of Law

Issue

Holding and Reasoning (Memorandum)

Dissent (Fuchsberg, J.)

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