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KILMER, NICHOLAS v. MASTROPIETRO, DAVID
Citation: Not availableDocket: CA 16-00458
Court: Appellate Division of the Supreme Court of the State of New York; December 22, 2016; New York; State Appellate Court
Original Court Document: View Document
Nicholas Kilmer initiated a lawsuit seeking damages for injuries sustained after he ran behind a rolling car in an attempt to stop it and subsequently fell and was struck by the vehicle. The Supreme Court of Cayuga County, under Justice Thomas G. Leone, granted summary judgment in favor of the defendants, David Mastropietro (doing business as Finger Lakes Transport) and David Baker, dismissing Kilmer's complaint. The appellate court affirmed this decision, noting that proximate cause is generally determined by a finder of fact. However, in this case, the defendants' alleged negligence only created a condition for the incident, rather than directly causing Kilmer's injuries. The court emphasized that Kilmer's decision to move behind the vehicle was an unrelated act that led to his injuries, which were not a foreseeable outcome of the defendants' actions. The order was affirmed without costs.