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. Accordingly, as a matter of law defendant URC had no cognizable legal duty to protect against the injury-producing occurrence and plaintiff's cause of action based on URC's own alleged negligence was properly dismissed. Her parents are Eileen and Terrance. 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. Argued February 12, 1997 Decided March 20, 1997. Indeed, the local ordinance plaintiffs cite as one source of support for the existence of a duty to direct gas station patrons to turn off their engines is, in fact, contained within the City of Rochester Fire Prevention Code, whose stated purpose. Corp., 83 N.Y.2d 579, 584-585). Ponzio. of New York Court of Appeals opinions. Indeed, plaintiff's position in this case is analogous to that of the child whose foot was injured by the plummeting pistol in the Restatement hypothetical. Servs. On URC's appeal, the Appellate Division reversed and dismissed the complaint against URC. 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. Płocka 22 tel. 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 Restatement (Second) of Torts is useful in clarifying this often misconstrued principle. dal lavoro per la pubblicazione collettiva a cura del PhotoclubMugello "Adriano Bimbi. 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. 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. Riordan moved toward the vehicle, but he was unable to reach it in time to stop it from striking plaintiff. 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. 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. KAYE, C.J., and BELLACOSA, SMITH, LEVINE and CIPARICK, JJ., concur. 1: 2: Next: Public Records & Background Checks. Dr. Geralyn M. Ponzio is an internist in Milford, Pennsylvania and is affiliated with multiple hospitals in the area. We note our rejection of plaintiffs' alternative argument that URC may be held vicariously liable for any negligence on the part of defendant Riordan. (Italian Edition) by Natale Figura and Salvo Andrea Figura (May 19, 2014) Ponzio (Arthur) v. U.S. U.S. Supreme Court Transcript of Record with Supporting Pleadings by OSCAR SPIVAK and ROBERT H BORK (Oct 30, 2011) Ponzio Pilato. Traci Ann Wilson, age 52, Oak Park, CA 91377 Background Check. 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. Plaintiffs' theory against defendant URC was that it had been negligent in failing to properly train its attendants and that its attendants had been negligent in failing to comply with URC rules requiring that customers be warned to turn off their *582 engines while fueling their vehicles. Accordingly, the order of the Appellate Division should be affirmed, with costs. 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. 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. 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. The defendant, Michael Riordan drove into the gas station, around the same time and began refilling his car's tank. The following example taken directly from the Restatement provides a useful illustration of the point: "A gives a loaded pistol to B, a boy of eight, to carry to C. In handing the pistol to C the boy drops it, injuring the bare foot of D, his comrade. 2 The specific provision plaintiffs have cited is section 54-22(Q) of the City of Rochester Fire Prevention Code. When the person is harmed by an occurrence resulting from one of those hazards, the negligent actor may be held liable. 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. Richard Di Ponzio et al., Respondents, v. Michael Riordan, Defendant, United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Appellants 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. (224 A.D.2d 139, 147, 645 N.Y.S.2d 368.) We note our rejection of plaintiffs' alternative argument that URC may be held vicariously liable for any negligence on the part of defendant Riordan. Foot & Ankle International. 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. This was 100% of all the recorded Ponzio's in the USA. He tries to tell Meg about it, but she shushes him. That section requires filling stations to post warning signs directing their customers not to smoke and to "[s]top motor[s] during fueling operation." Thank you. Additionally, the concurrer opined that any alleged negligence on URC's part was not the proximate cause of the accident. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. Citation: 89 N.Y.2d 578, 657 N.Y.S.2d 377: Party Name: Di Ponzio v. Riordan: Case Date: March 20, 1997: Court: New York Court of Appeals cit., § 31, at 170; see, e.g., Danielenko v Kinney Rent A Car, supra). Hence, plaintiffs have no legal ground for asserting a claim against defendant URC. (12 Jul, 1996) 12 Jul, 1996; Subsequent References; Similar Judgments; DI PONZIO v. RIORDAN. 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. 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). Ponzio Polska Sp. According to the complaint allegations and summary judgment submissions, the injury-producing accident occurred on defendant's premises on April 15, 1991. 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. R.R. Injured by another customer's runaway car while he was on the premises of a self-service filling station, plaintiff sued the premises owner on the theory that it had a duty to ensure that all of its customers abided by regulations requiring their vehicle engines to be turned off during the operation of the gas pumps. The occurrence that led to plaintiff's injury was clearly outside of this limited class of hazards. R. R. Co., 248 N.Y. 339, 344). Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. Moreover, by its terms, the statute regulates conduct on public streets, not on private premises. Cassino, Provincia di Frosinone, Lazio, Italy. 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. He went out of his car and started refilling his car's tank. Richard DI PONZIO and Joyce L. Di Ponzio, Respondents, v. Michael RIORDAN, Defendant. Dismissed the complaint against URC of all the recorded Di Ponzio and Joyce Di. Them are empty, but the day ’ s 73 and doesn ’ t look it, defendant in... 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