NY Court Reversed Denial of Summary Judgment to Vehicle Manufacturer/Distributor, Finding They Made Prima Facie Case Showing They Were Not Vicariously Liable for Actions of Franchisee Dealership and That Plaintiff Did Not Raise Triable Issue of Fact

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Caceres v. Toyota Motor North America, Inc. –N.Y.S. 3d —(N.Y. App. Div. 2d Dept. 2023) – The plaintiff brought a personal injury action against a vehicle dealership, a manufacturer and a distributor based on injuries allegedly sustained when the front driver’s-side wheel fell off shortly after the vehicle was serviced at the franchisee dealership. The manufacturer and distributor filed a motion for summary judgment, contending that they were not vicariously liable. The trial court denied said…
By: Marshall Dennehey
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Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support