Levitt v. Peluso
Subject: Vicarious liability for vehicle owners and the limits on this source of vicarious liability.
FACTS
-P, a pedestrian, was blinded in one eye by an egg being thrown out of the passenger window of a car owned by D-1 (Eugene Peluso), and driven with permission by D-2 (Patrick Peluso), egg thrown by D-3 (Russell DiBendetto).
-P alleged that owner (D-1) is vicariously liable.
RULES
-(Statute) imposes liability upon absent owner when 4 conditions met.
1. Death or injury to person or property,
2. harm result of the operator’s negligence,
3. Negligence arose from the use/operation of the vehicle, and
4. the operator was using the vehicle with the owners permission.
-No causal relationship is present in the throwing of objects from a moving vehicle.
The Court applies the Gholsen Test:
1. The accident must have arisen out of the inherent nature of the automobile.
2. As such, the accident must have arisen within the natural territorial limits of an automobile and the actual use, loading or unloading must have not been terminated.
3. The automobile must not have merely contributed to the cause and the conduction but itself must produce or be a proximate cause of the injury.
APPLICATION
-The inherent nature of an automobile is to serve as a means of transportation to and from a certain location, and not to serve as a “launching pad” to project foreign matter such as eggs.
-The driving of the automobile was merely incidental.
CONCLUSION
D (owner) is not, individually, vicariously liable for co-D’s acts.
Class: Tort Law
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Subject: Vicarious liability for vehicle owners and the limits on this source of vicarious liability.
FACTS
-P, a pedestrian, was blinded in one eye by an egg being thrown out of the passenger window of a car owned by D-1 (Eugene Peluso), and driven with permission by D-2 (Patrick Peluso), egg thrown by D-3 (Russell DiBendetto).
-P alleged that owner (D-1) is vicariously liable.
RULES
-(Statute) imposes liability upon absent owner when 4 conditions met.
1. Death or injury to person or property,
2. harm result of the operator’s negligence,
3. Negligence arose from the use/operation of the vehicle, and
4. the operator was using the vehicle with the owners permission.
-No causal relationship is present in the throwing of objects from a moving vehicle.
The Court applies the Gholsen Test:
1. The accident must have arisen out of the inherent nature of the automobile.
2. As such, the accident must have arisen within the natural territorial limits of an automobile and the actual use, loading or unloading must have not been terminated.
3. The automobile must not have merely contributed to the cause and the conduction but itself must produce or be a proximate cause of the injury.
APPLICATION
-The inherent nature of an automobile is to serve as a means of transportation to and from a certain location, and not to serve as a “launching pad” to project foreign matter such as eggs.
-The driving of the automobile was merely incidental.
CONCLUSION
D (owner) is not, individually, vicariously liable for co-D’s acts.
Class: Tort Law
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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