Continental Auto Lease Corporation v. Campbell
Court of Appeals of New York
227 N.E.2d 28 (1967)
Relevant factsFree
Kamman, who rented a car from Continental Auto Lease (plaintiff), was in an accident with a car driven by Ralph Shepard; Continental sued Shepard's estate, administered by Doris Campbell (defendant), for damage to its rental car, and a jury found both Kamman and Shepard negligent. The trial court directed a verdict for Continental, and Campbell argued Kamman's negligence should be imputed to bar Continental's recovery.
IssueFree
Whether a person's contributory negligence may be imputed to a plaintiff only if that plaintiff had control over the contributorily negligent person.