Permitting a Driver to Borrow a Vehicle with a Malfunctioning Gas Gauge Was Not a Proximate Cause of Deadly Accident Where Driver Was Struck by a Hit-and-Run Driver While Standing Outside the Vehicle After Running Out of Gas.

February 16, 2024

Biamonte v. Biamonte, 219 A.D.3d 683, 194 N.Y.S.3d 553 (2d Dept Aug. 16, 2023) – The decedent driver had borrowed a vehicle from the defendant owner that had a malfunctioning gas gauge. The decedent ran out of gas and was forced to stop on a two-lane highway with a 50-miles-per-hour speed limit. After exiting the stranded vehicle, the decedent was struck by a hit-and-run vehicle….
By: Marshall Dennehey

Permitting a Driver to Borrow a Vehicle with a Malfunctioning Gas Gauge Was Not a Proximate Cause of Deadly Accident Where Driver Was Struck by a Hit-and-Run Driver While Standing Outside the Vehicle After Running Out of Gas.

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