You're using an unsupported browser. Judge Fuchsberg stated that the issue of proximate cause was better left to the jury. Summary judgment granted (defendants prevailed 0 finding no duty and no proximate cause). Ventricelli- was a cause of the accident. I. Read Ventricelli v. Kinney System Rent A Car Inc., 45 N.Y.2d 950 free and find dozens of similar cases using artificial intelligence. App., 272 Mich. App. Rent A Car, we held that proximate [*5]cause was lacking, as a matter of law, because the defendant automobile lessor’s negligence merely furnished the occasion for the injury (45 NY2d at 952). Rent A Car, 45 NY2d 950, 952 [1978]). Get Ventricelli v. Kinney System Rent A Car, Inc., 383 N.E.2d 1149 (1978), Court of Appeals of New York, case facts, key issues, and holdings and reasonings online … You can try any plan risk-free for 30 days. a. VENTRICELLI v. KINNEY SYSTEM RENT A CAR, INC. Of Child Support Services v. Brown 11 Cal.Rptr.3d 489 (Cal.App. Ventricelli (plaintiff) leased a car from Kinney (defendant). -Not all criminal acts break the chain of causation (thus be an intervening superseding) (Marcus v Staubs) - Case by case basis Certainly on close calls should go to the jury-Even though have a criminal act, criminal act does not supersede original negligence liability Thus, he maintains, culpability was a matter of fact, and “disputes as to whether conduct is negligent, contributorily negligent or the proximate cause of an injury are usually best left to the fact finder.” Discussion. 46 N.Y.2d 770 - VENTRICELLI v. KINNEY SYS. Citation: 45 N.Y.2d 950, 411 N.Y.S.2d 555: Party Name: Ventricelli v. Kinney System Rent A Car, Inc. Case Date: November 02, 1978: Court: New York Court of Appeals Known Locations: West Roxbury MA, 02132, Redding CT 06896, Norwalk CT 06852 Possible Relatives: Deborah M Ventricelli, Jean F Ventricelli Rent A Car, Inc., 45 N.Y.2d 950, 383 N.E.2d 1149, modified, 46 N.Y.2d 770, 386 N.E.2d 263 (1978) (an edited version of which appears in Torts and Compensation: Personal Accountability and Social Responsibility for Injury 233 (Dan B. Dobbs et al. 3d 1113 (2014) Ventura v. Titan Sports, Inc. 65 F.3d 725 (8th Cir. Maldonado does not appeal. But See Ventricelli v. Kinney System Rent a Car, where court determined D’s negligence of not fixing a trunk latch did not put P in a place of increased risk where P was in a place of apparent safety (parked on the side of the street) Synopsis of Rule of Law. North Las Vegas. eds., 7th ed. The word proximate describes convenience, public policy and a rough sense of justice. Negligent Intervening Acts - Ventricelli v. Kinney System Rent A Car. INSURANCE LAW MACRO DRAFT (DO NOT DELETE) 8/31/2020 11:56 PM 2020] Insurance Law 445 section 3420(d). 1301 Terrill Road, Scotch Plains, NJ 07076. Issue. VENTRICELLI v. KINNEY SYSTEM RENT A CAR, INC. Under Dole v Dow Chem. The foreseeable harm test has two requirements: (1) a reasonably foreseeable result or type of harm; and (2) the absence of any superseding intervening force. This website requires JavaScript. 72, 1968 Cal. Moved to court of appeals which affirmed trial court’s ruling. VENTRICELLI V. KINNEY SYSTEM RENT A CAR, INC. 386 N.E.2d 263 (1978) CASE BRIEF VENTRICELLI V. KINNEY SYSTEM RENT A CAR, INC. 386 N.E.2d 263 (1978) NATURE OF THE CASE: Ventricelli (P), lessee, brought a personal injury action against Kinney (D, lessor and automobile owner, resulting from an automobile accident. Ventricelli brought a negligence claim against Kinney, and the jury found that Kinney was liable. 2d 728, 441 P.2d 912,69 Cal. Grumman cites Restatement (2d) of Torts § 452(2), Illustration 9, as support for its position.1 We have found no New York case that adopts that specific portion of the Restatement, see 1 New York Pattern Jury Instructions 2:72 at 212-15 (1974 & Cum.Supp.1980) (instruction on intervening causes). 1)) Mitchell v. Rochester Railway151 N.Y. 107, 45 N.E. The range of reasonable apprehension is at times a question for the court, and at times, if varying inferences are possible, a question for the jury. 2916 Paradise Hill Ct, North Las Vegas. Associated persons: Barbara M Johnson, Doris R Littleton, Karla Y Turner, Shenee A Turner, Steven L Turner (702) 240-3268. Plaintiff brought a personal injury action against Kinney System Rent A Car, Inc. (Kinney) and the automobile owner (Defendants), in connection with a car accident. The operation could not be completed. Citation: 45 N.Y.2d 950, 411 N.Y.S.2d 555: Party Name: Ventricelli v. Kinney System Rent A Car, Inc. Case Date: November 02, 1978: Court: New York Court of Appeals Ventricelli v. Kinney System Rent A Car, Inc Case Brief - Rule of Law: A plaintiff must demonstrate that the defendant is culpable, i.e., her actions are the eds., 7th ed. Email: The case "Ventricelli v. Kinney System Rent A Car, Inc." The chapter offers an example of how the intervening cause doctrine works. Ventricelli v. Kinney System Rent A Car, Inc. Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty. (2 Nov, 1978) 2 Nov, 1978 Rent A Car, 45 NY2d 950, 952 [1978]). Discuss the Distinction between “A” Proximate cause & “THE” proximate cause & what is the distinction important? COURTS: (Iowa 2009). reversed and remanded, affirmed, etc. Discuss the Distinction between “A” Proximate cause & “THE” proximate cause & what is the distinction important? The Supreme Court of New York, Appellate Division, modified the trial court’s order to dismiss the action against Kinney limiting recovery from the automobile owner. Become a member and get unlimited access to our massive library of law school study materials, including 801 video lessons and 5,200+ practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case briefs keyed to 223 law school casebooks. defendant negligently caused P’s car to swerve into a ditch) and Derdiarian v. Felix Contracting (above) b.ii. 667 Westfield Road Scotch Plains, NJ 07076 (908) 889-8600 x3423. Rent A Car, we held that proximate [*5]cause was lacking, as a matter of law, because the defendant automobile lessor’s negligence merely furnished the occasion for the injury (45 NY2d at 952). Questions or Feedback? 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