Campbell v. Central New York Regional Transportation Authority

• Court: New York Court of Appeals Court of Appeals
• Citation: Campbell v. Central New York Regional Transportation Authority, 855 N.E.2d 1165, 7 N.Y.3d 819 (N.Y. 2006)
• Decision Date: 12 September 2006
• Docket Number: 166 SSM 24.
• Parties: Joseph CAMPBELL, Respondent, v. CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, Appellant.

855 N.E.2d 1165

7 N.Y.3d 819

Joseph CAMPBELL, Respondent, v. CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, Appellant.

166 SSM 24.

Court of Appeals of New York.

September 12, 2006.

Mackenzie Hughes LLP, Syracuse (W. Bradley Hunt, of counsel), for appellant.

James B. Fleckenstein, Syracuse, for respondent.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and defendant's motion for summary judgment dismissing the personal injury claim granted. The certified question should be answered in the negative.

Although the issue of proximate cause is ordinarily for the fact finder to resolve, defendant established that the ill-fitting replacement wheelchair provided by a third party constituted an independent intervening occurrence which operated upon, but did not flow from, the original negligence (Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315, 434 N.Y.S.2d 166, 414 N.E.2d 666 (1980)); see also Ventricelli v. Kinney Sys. Rent A Car, 45 N.Y.2d 950, 951, 411 N.Y.S.2d 555, 383 N.E.2d 1149 (1978), mot to amend remittitur granted 46 N.Y.2d 77, 1978 WL 54128 (1978).

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11) order reversed,...