Levitt v. Peluso
Supreme Court of New York
638 N.Y.S.2d 878 (1995)
While riding as a passenger in a car permissively driven by Patrick Peluso (defendant), Russell DiBenedetto (defendant) threw an egg that struck Jon Levitt (plaintiff), a pedestrian, in the eye, causing serious injury. Levitt sued Patrick, DiBenedetto, and Patrick's father Eugene Peluso (defendant), the car's owner, invoking section 388 of New York's Vehicle and Traffic Law, which imposes vicarious owner liability for injuries caused by the negligent use or operation of a permissively driven vehicle. Levitt moved for summary judgment against Eugene, who moved to dismiss.
Whether, to impose vicarious liability under section 388 of New York's Vehicle and Traffic Law, the use or operation of the car by the driver, or the condition of the vehicle itself, must be the proximate cause of the plaintiff's injury.