di ponzio v riordan
Richard Di Ponzio et al., Respondents, v. Michael Riordan, Defendant, United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Appellants Servs. Ponzio. Her parents are Eileen and Terrance. She did this mainly because she was tired of being poor as described in the So… As is explained in section 281, comment e, conduct is considered negligent when it tends to subject another to an unreasonable risk of harm arising from one or more particular foreseeable hazards (Restatement [Second], of Torts § 281, at 6). Further, the element that is most often associated with the imposition of vicarious liability--i.e., legal or actual authority over the negligent actor--was absent and there is thus no persuasive reason to extend the doctrine of vicarious liability to these circumstances (see, Kavanaugh v. Nussbaum, 71 N.Y.2d 535, 528 N.Y.S.2d 8, 523 N.E.2d 284). [2] The specific provision plaintiffs have cited is section 54-22 (Q) of the City of Rochester Fire Prevention Code. 7 records for N Diponzio. . This was 100% of all the recorded Ponzio's in the USA. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. Supreme Court, Columbia County. Two of the Justices concluded that URC should not be held liable because the accident was not foreseeable. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. Supreme Court denied the motion, holding that URC, as the premises owner, had a duty to exercise reasonable care and that the questions of foreseeability and proximate cause should be resolved by the fact finder. “I’m old-school,” adds Browning, who’s 73 and doesn’t look it. In 1880 there was 1 Ponzio family living in California. Two of the Justices concluded that URC should not be held liable because the accident was not foreseeable. Significantly, the kind and number of hazards encompassed within a particular duty depend on the nature of the duty (see, id., comment e ). Riordan stated during his deposition testimony that the pavement was relatively level and that he placed his console gearshift in the park position. “Doc sits here . Thank you. DOI: 10.1177/1071100715573748 fai.sagepub.com; 99). (224 A.D.2d 139, 147, 645 N.Y.S.2d 368.) According to the complaint allegations and summary judgment submissions, the injury-producing accident occurred on defendant's premises on April 15, 1991. 2 The specific provision plaintiffs have cited is section 54-22(Q) of the City of Rochester Fire Prevention Code. Cassino, Provincia di Frosinone, Lazio, Italy. The most Ponzio families were found in the USA in 1920. 679 NE2d 616, 89 NY2d 578, 657 NYS2d 377, Jurisdiction: The threshold issue in this negligence action is whether defendant URC had a legally cognizable duty to prevent the accident in which plaintiff Di Ponzio was injured (see generally, Palka v Servicemaster Mgt. Terrance was in a wheelchair due to a motorcycle accident. Supreme Court denied the motion, holding that URC, as the premises owner, had a duty to exercise reasonable care and that the questions of foreseeability and proximate cause should be resolved by the fact finder. There was no master-servant or other similar relationship between URC and Riordan that would serve under existing law as a basis for holding the former responsible for the misconduct of the latter without regard to fault. When the person is harmed by an occurrence resulting from one of those hazards, the negligent actor may be held liable. New York had the highest population of Di Ponzio families in 1920. This is the old version of the H2O platform and is now read-only. Court of Appeals of the State of New York. ... Again 2d Lt. Riordan took the lead and managed to get through the ring of enemy fire covering the approaches and reached the building. Riordan took about five minutes to pump gas into his car and then went inside the gas station's storefront enclosure to pay the attendant for his fuel. When he exited the store and began walking toward the car, he noticed that it was moving backward toward the rear of plaintiff's vehicle, where plaintiff was still pumping gas. The Restatement (Second) of Torts is useful in clarifying this often misconstrued principle. Assuming without deciding that URC had a duty to control its customer's conduct in this manner (cf., Stone v. Williams, 64 N.Y.2d 639, 641, 642, 485 N.Y.S.2d 42, 474 N.E.2d 250), the existence of such a duty would not aid plaintiff Di Ponzio's case, since his injuries did not arise from the occurrence of any of the foreseeable hazards that the duty would exist to prevent. Find Joseph Diponzio in the United States. In this case, the focus of the inquiry is on the foreseeability of the risk. As we stated in Waters v New York City Hous. In analyzing questions regarding the scope of an individual actor's duty, the courts look to whether the relationship of the parties is such as to give rise to a duty of care (see, e.g., Waters v New York City Hous. As we stated in Waters v. New York City Hous. Following discovery, defendant URC moved for summary judgment dismissing the complaint on several grounds, including the lack of a cognizable legal duty, the lack of a proximate causal relationship between its alleged negligence, if any, and the accident and the unforeseeability of the accident. We conclude, however, that defendant filling station owner had no duty to protect its customers from the unforeseeable occurrence that led to plaintiff's injury and that, accordingly, the complaint against that defendant was properly dismissed. That section requires filling stations to post warning signs directing their customers not to smoke and to "[s]top motor[s] during fueling operation." Further, the element that is most often associated with the imposition of vicarious liability i.e., legal or actual authority over the negligent actor was absent and there is thus no persuasive reason to extend the doctrine of vicarious liability to these circumstances (see, Kavanaugh v Nussbaum, 71 N.Y.2d 535). Płocka 22 tel. Co., 248 N.Y. 339, 344, 162 N.E. (224 AD2d 139, 147.) cit., § 31, at 170 ["It is not enough that everyone can see now that the risk was great, if it was not apparent when the conduct occurred"]). Page 140 [645 N.Y.S.2d 369] Vilgenau & Bosse by Norman Greene, Buffalo, for appellant. He had parked just opposite the plaintiff's car. They also relied on deposition testimony that on the day of the accident URC's attendants had deliberately turned down the sound on an intercom system that would otherwise have enabled them both to hear the sound of Riordan's engine and to admonish him to turn it off. The analysis is also driven by considerations of public policy. R.R. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. The nature of the inquiry depends, of course, on the particular facts and circumstances in which the duty question arises. ", In this case, the focus of the inquiry is on the foreseeability of the risk. Riordan stated during his deposition testimony that the pavement was relatively level and that he placed his console gearshift in the park position. Auth., 69 N.Y.2d 225; Pulka v Edelman, supra, at 783), whether the plaintiff was within the zone of foreseeable harm (see, e.g., Palsgraf v Long Is. California had the highest population of Ponzio … Moreover, by its terms, the statute regulates conduct on public streets, not on private premises. At approximately the same time, defendant Michael Riordan drove his car into the gas station, stopped opposite plaintiff's vehicle and, without turning off his engine, began pumping gas into his vehicle. Cyanamid Co. , 90 NY2d 606, 612 [1997]). on opn below 61 N.Y.2d 922, 474 N.Y.S.2d 722, 463 N.E.2d 38; see also, Derdiarian v. Felix Contr. The name Joseph Diponzio has over 4 birth records, 1 death records, 0 criminal/court records, 13 address records, 2 phone records and more. The Cranberries were an Irish rock band formed in Limerick, Ireland, in 1989 by lead singer Niall Quinn, guitarist Noel Hogan, bassist Mike Hogan, and drummer Fergal Lawler.Quinn was replaced as lead singer by Dolores O'Riordan in 1990. Following discovery, defendant URC moved for summary judgment dismissing the complaint on several grounds, including the lack of a cognizable legal duty, the lack of a proximate causal relationship between its alleged negligence, if any, and the accident and the unforeseeability of the accident. Chi ha ucciso Ponzio Pilato? Assuming without deciding that URC had a duty to control its customer's conduct in this manner (cf., Stone v Williams, 64 N.Y.2d 639, 641, 642), the existence of such a duty would not aid plaintiff Di Ponzio's case, since his injuries did not arise from the occurrence of any of the foreseeable hazards that the duty would exist to prevent. Riordan moved toward the vehicle, but he was unable to reach it in time to stop it from striking plaintiff. A third Justice concurred on the separate ground that URC had no duty to protect its customers from "the unforeseeable risk that another patron's car would suffer a mechanical malfunction or inexplicably jump into gear." In analyzing questions regarding the scope of an individual actor's duty, the courts look to whether the relationship of the parties is such as to give rise to a duty of care (see, e.g., Waters v. New York City Hous. The nature of the inquiry depends, of course, on the particular facts and circumstances in which the duty question arises. Find N Diponzio's phone number, address, and email on Spokeo, the leading online directory for contact information. At approximately the same time, defendant Michael Riordan drove his car into the gas station, stopped opposite plaintiff's vehicle and, without turning off his engine, began pumping gas into his vehicle. Plaintiff, who was pinned between the two cars, suffered a fractured leg. Co., supra ) and whether the accident was within the reasonably foreseeable risks (see, e.g., Danielenko v. Kinney Rent A Car, 57 N.Y.2d 198, 455 N.Y.S.2d 555, 441 N.E.2d 1073). The existence and scope of an alleged tortfeasor's duty is, in the first instance, a legal question for determination by the court (see, Palka v Servicemaster Mgt. Michael Riordan, Appellant, and United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Respondents. Because this type of accident was not among the hazards that are naturally associated with leaving a car engine running during the operation of a gas pump, the alleged misconduct of URC's employees does not give rise to liability in tort. KAYE, C.J., and BELLACOSA, SMITH, LEVINE and CIPARICK, JJ., concur. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. The remaining two Appellate Division Justices dissented for the reasons set forth in the Supreme Court opinion. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. On the other hand, no liability will result when the occurrence is not one that is normally associated with such hazards. United Refining Company of Pennsylvania, d/b/a Kwik Fill, and Rochester Gasoline Corp., Appellants. This principle is sometimes mistakenly cited to support an argument that a careless act should lead to liability even though the injury-producing accident itself occurred in an unexpected manner. It is beyond dispute that landowners and business proprietors have a duty to maintain their properties in reasonably safe condition (see, e.g., Kush v City of Buffalo, 59 N.Y.2d 26; Basso v Miller, 40 N.Y.2d 233). 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