From Casetext: Smarter Legal Research

Fischer v. Lunt

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 1016 (N.Y. App. Div. 1990)

Opinion

June 22, 1990

Appeal from the Supreme Court, Erie County, Fudeman, J.

Present — Dillon, P.J., Boomer, Pine, Davis and Lowery, JJ.


Order and judgment unanimously affirmed without costs. Memorandum: On October 22, 1987, plaintiff sustained personal injuries while a passenger in a vehicle owned and operated by Thomas Edwards. Plaintiff alleges that Edwards' vehicle was forced off the road and into a bridge abutment by a vehicle owned and operated by Bradley Lunt, the 20-year-old son of defendant Thomas Lunt. The vehicle was registered in Bradley Lunt's name, he was the named insured under an automobile insurance policy, he held a valid New York State operator's license and only he possessed the keys to the vehicle. Plaintiff asserts a cause of action against Thomas Lunt for negligent entrustment of a dangerous instrument to his son (see, Nolechek v. Gesuale, 46 N.Y.2d 332, 336). Supreme Court granted Thomas Lunt's motion for summary judgment dismissing the complaint and cross claims asserted against him. We affirm. Bradley Lunt, on the date of the accident, was no longer an infant; he had attained his majority (see, CPLR 105 [j]). Thomas Lunt cannot be liable to third parties under a theory of negligent entrustment of a dangerous instrumentality in the hands of his adult son (see, Nolechek v. Gesuale, supra, at 338). Moreover, the record establishes that Bradley Lunt's use of the vehicle was not subject to his parent's control (see, Camillone v. Popham, 157 A.D.2d 816; Borregine v. Klang, 144 A.D.2d 415; Larsen v Heitmann, 133 A.D.2d 533, lv denied 70 N.Y.2d 616).


Summaries of

Fischer v. Lunt

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 22, 1990
162 A.D.2d 1016 (N.Y. App. Div. 1990)
Case details for

Fischer v. Lunt

Case Details

Full title:JOSEPH FISCHER, Appellant, v. THOMAS LUNT, Respondent

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

Date published: Jun 22, 1990

Citations

162 A.D.2d 1016 (N.Y. App. Div. 1990)

Citing Cases

Troiano v. Demarco

The Sarnos submitted evidence sufficient to establish their prima facie entitlement to judgment as a matter…

Miltz v. Ohel, Inc.

The law is well settled that parents are not liable for the torts of their adult issue (Hartsock v Hartsock,…