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The Rogak Report: 02 February 2004

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  • therogakreport
    LIMOUSINE OWNER OWES NO DUTY TO DRIVER TO PROVIDE ERGONOMICALLY- DESIGNED SEAT Daubert v. Flyte Time Regency Limousine, 769 NYS2d 39 (2d Dept 2003) Plaintiff
    Message 1 of 1 , Feb 2, 2004
      LIMOUSINE OWNER OWES NO DUTY TO DRIVER TO PROVIDE ERGONOMICALLY-
      DESIGNED SEAT

      Daubert v. Flyte Time Regency Limousine, 769 NYS2d 39 (2d Dept 2003)

      Plaintiff was a personal chauffeur to Salvatore Franco, a shareholder
      in defendant Flyte Time. Flyte Time gave one of its used limousines
      to Franco for his personal use, and Franco, in his individual
      capacity, employed plaintiff as his driver. Plaintiff subsequently
      developed back problems, and he sued Flyte Time. Plaintiff alleged
      that the vehicle was defective and caused his back injuries because
      the driver's seat was worn out, inadequately padded, and had a
      concave shape. A Rockland County jury found Flyte Tyme 65% at fault,
      and plaintiff 35% at fault. Flyte Time moved to set aside the
      verdict, and Supreme Court denied the Motion. The Appellate Division
      reversed. "A finding of negligence may be based only upon the breach
      of a duty. If in connection with the acts complained of, the
      defendant owes no duty to the plaintiff, the action must fail."
      Here, Flyte Time had no duty to maintain the seat of the limousine in
      an ergonomically-fit condition, and so the verdict was set aside and
      judgment entered for the defendant.
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