The Restatement (Second) of Torts is useful in clarifying this often misconstrued principle. (supra, at 229), "[t]he common law of torts is, at its foundation, a means of apportioning risks and allocating the burden of loss.". The occurrence that led to plaintiff's injury was clearly outside of this limited class of hazards. United Refining Company of Pennsylvania, d/b/a Kwik Fill, and Rochester Gasoline Corp., Appellants. Corp., 83 N.Y.2d 579, 584-585, 611 N.Y.S.2d 817, 634 N.E.2d 189). Servs. Thank you. 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. The other provision on which plaintiffs rely, Vehicle and Traffic Law § 1210 (a) (see, 1954 NY Legis Doc No. 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. Michael Riordan, Appellant, and United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Respondents. Foreseeability of risk is an essential element of a fault-based negligence cause of action because the community deems a person at fault only when the injury-producing occurrence is one that could have been anticipated (Prosser and Keeton, Torts § 31, at 169-170, and n 15 [5th ed]). It is also clear that this duty may extend to controlling the conduct of third persons who *583 frequent or use the property, at least under some circumstances (see, Pulka v Edelman, 40 N.Y.2d 781, 783). Dolores O'Riordan, Soundtrack: The Devil's Own. Additionally, the concurrer opined that any alleged negligence on URC's part was not the proximate cause of the accident. He went out of his car and started refilling his car's tank. On December 17, 1928, Hazel was born to Marie Levesque and the god Pluto in New Orleans, Louisiana. The remaining two Appellate Division Justices dissented for the reasons set forth in the Supreme Court opinion. Plaintiff and his spouse subsequently commenced the present personal injury action against Riordan and URC. Opinion for Di Ponzio v. Riordan, 679 N.E.2d 616, 657 N.Y.S.2d 377, 89 N.Y.2d 578 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Find Nicholas Diponzio's phone number, address, and email on Spokeo, the leading online directory for contact information. The other provision on which plaintiffs rely, Vehicle and Traffic Law § 1210(a) (see, 1954 N.Y. Legis Doc No. Plaintiffs then appealed to this Court pursuant to CPLR 5601(a). Citations: and this is Coach,” she says, gesturing at two of her counter’s nine seats. It is often said that plaintiffs need not demonstrate the foreseeability of the precise manner in which the accident occurred or the precise type of harm produced in order to establish the foreseeability component of their tort claims (e.g., Palsgraf v. Long Is. Such arguments, however, are misguided to the extent that they fail to recognize the analytically important distinction between the concept of risk or hazard and the concept of harm. He had parked just opposite the plaintiff's car. 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. R.R. [1] Defendant Riordan also appealed, assertedly to preserve his cross claims. 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. Richard Di Ponzio et al., Appellants, Servs. R. R. Co., 248 N.Y. 339, 344, supra; Bahan v Green Bus Lines, 96 AD2d 876, affd on opn below 61 N.Y.2d 922; see also, Derdiarian v Felix Contr. Court of Appeals of the State of New York. 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. z o.o. The gist of plaintiffs' claim is that defendant URC's servants were negligent in failing to monitor its customers' conduct and, more specifically, in failing to require Riordan to turn off *585 his vehicle's engine despite having had the means and obligation to do so. Richard Di Ponzio et al., Appellants, v. Michael Riordan, Appellant, and United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Respondents. 190 A.D.2d 1036 - FRANKLIN v. 2 The specific provision plaintiffs have cited is section 54-22(Q) of the City of Rochester Fire Prevention Code. In contrast, where the harm was caused by an occurrence that was not part of the risk or recognized hazard involved in the actor's conduct, the actor is not liable (see, id., comment f ). Riordan stated during his deposition testimony that the pavement was relatively level and that he placed his console gearshift in the park position. Plaintiff was injured because the parking gear of another customer's car inexplicably failed and the unattended vehicle, which had rested stationary on a level surface for more than five minutes, suddenly began to move backwards, pinning plaintiff between its rear bumper and the bumper of his own car. She did this mainly because she was tired of being poor as described in the So… KAYE, C.J., and BELLACOSA, SMITH, LEVINE and CIPARICK, JJ., concur. It is often said that plaintiffs need not demonstrate the foreseeability of the precise manner in which the accident occurred or *584 the precise type of harm produced in order to establish the foreseeability component of their tort claims (e.g., Palsgraf v Long Is. Supreme Court, Columbia County. Płocka 22 tel. Riordan moved toward the vehicle, but he was unable to reach it in time to stop it from striking plaintiff. 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). . Di Ponzio v. Riordan, 679 N.E.2d 616 (NY 1997) This opinion cites 2 opinions. In support of their claim, plaintiffs cited information obtained during discovery that URC attendants were not supposed to allow customers to pump gas while their engines were running and that the attendants had the ability to turn off a particular pump in the event that a customer refused to comply. Di Ponzio v Riordan, 224 A.D.2d 139, affirmed. The Restatement (Second) of Torts is useful in clarifying this often misconstrued principle. Known Locations: Sherman Oaks CA 91401, Oak Park CA 91377 Possible Relatives: , Edward J Diponzio, age 79, Punta Gorda, … In the late eighties, Dolores met up with her band members-to-be. v. As we stated in Waters v. New York City Hous. R. R. Co., 248 N.Y. 339, 344). Thank you. 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. Dolores was the youngest of seven children, and one of two girls. San Piero a Sieve, FI. Ponzio’s is still dark, but the coffee is on, and so is Joan Browning. Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY taking no part. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. 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). Corp., 51 N.Y.2d 308). Volgenau & Bosse, Buffalo (Norman E. S. Greene of counsel), for United Refining Company of Pennsylvania, respondent. Plaintiff, who was pinned between the two cars, suffered a fractured leg. Corp., supra, at 585, 611 N.Y.S.2d 817, 634 N.E.2d 189). numerazioneprogressiva6 - "L'amore ai tempi di Ponzio Pilato: scatto rubato dell'incontro di due amanti" "Love at the time of Ponzio Pilato" statue di Adriano Bimbi. When a vehicle's engine is left running in an area where gasoline is being pumped, there is a natural and foreseeable risk of fire or explosion because of the highly flammable properties of the fuel. DI PONZIO v. RIORDAN Appellate Division of the Supreme Court of New York, Fourth Department. 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. This was 100% of all the recorded Di Ponzio's in the USA. Corp., 83 N.Y.2d 579, 584-585). 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. Subscribe to Justia's Free Summaries Moreover, while plaintiff's accident may have been an indirect consequence of the station attendant's failure to direct Riordan to turn off his engine, the accident was, at most, a remote possibility at the time the conduct in question occurred and thus was not a foreseeable consequence of the attendant's inaction, even though the risk may now readily be perceived through hindsight (see, Prosser and Keeton, op. We note our rejection of plaintiffs' alternative argument that URC may be held vicariously liable for any negligence on the part of defendant Riordan. That section requires filling stations to post warning signs directing their customers not to smoke and to "[s]top motor[s] during fueling operation." Plaintiff and his spouse subsequently commenced the present personal injury action against Riordan and URC. . 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]). 6 Matches for Di Ponzio. Rick A. Ponzio of Thornton, Colorado passed away April 22, 2017 in Lafayette, Colorado. 36, at 106-107), is irrelevant to this controversy because it concerns the duty of a "person * * * in charge of a motor vehicle" rather than the duty of a filling station owner. Cassino, Provincia di Frosinone, Lazio, Italy. R.R. Storia di … The defendant, Michael Riordan drove into the gas station, around the same time and began refilling his car's tank. 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). 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. 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. Dolores Mary Eileen O'Riordan was born in Ballybricken, a town 8 miles outside Limerick on Sept. 6, 1971. (224 A.D.2d 139, 147, 645 N.Y.S.2d 368.) The nature of the inquiry depends, of course, on the particular facts and circumstances in which the duty question arises. R. R. 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). 09-472 Słupno Cekanowo, ul. In DiPonzio v. Riordan, 89 N.Y.2d 578, 657 N.Y.S.2d 377, 679 N.E.2d 616, the Court of Appeals stated the law with respect to duty as follows: “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. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. Court of Appeals of the State of New York. 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. 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 duty of a landowner or other tort defendant, however, is not limitless. The duty of a landowner or other tort defendant, however, is not limitless. 186 a.d.2d 1083 - lalley v. ADAM, MELDRUM & ANDERSON CO., INC., Appellate Division of the Supreme Court of the State of New York, Fourth Department. July 12, 1996. In this case, the focus of the inquiry is on the foreseeability of the risk. Servs. 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. On the other hand, no liability will result when the occurrence is not one that is normally associated with such hazards. Moreover, while plaintiff's accident may have been an indirect consequence of the station attendant's failure to direct Riordan to turn off his engine, the accident was, at most, a remote possibility at the time the conduct in question occurred and thus was not a foreseeable consequence of the attendant's inaction, *586 even though the risk may now readily be perceived through hindsight (see, Prosser and Keeton, op. Accordingly, the order of the Appellate Division should be affirmed, with costs. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. cit., § 31, at 170; see, e.g., Danielenko v Kinney Rent A Car, supra). 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. ", In this case, the focus of the inquiry is on the foreseeability of the risk. 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