McIver Sneddon v. Koeppel Nissan, Inc.
| Decision Date | 26 December 2007 |
| Docket Number | 2006-06909. |
| Citation | 849 N.Y.S.2d 287,2007 NY Slip Op 10524,46 A.D.3d 869 |
| Parties | ERIC McIVER SNEDDON et al., Appellants, v. KOEPPEL NISSAN, INC., et al., Respondents, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the appeal by the plaintiff Jayne Sneddon is dismissed, as she is not aggrieved by the portion of the order appealed from (see CPLR 5511); and it is further Ordered that the order is reversed insofar as appealed from by the infant plaintiff Eric McIver Sneddon on the law, and those branches of the separate motions of the defendants Nissan North America, Koeppel Nissan, Inc., and Habberstad Nissan Inc., which were to dismiss the complaint insofar as asserted against each of them by the infant plaintiff Eric McIver Sneddon on the ground of collateral estoppel are denied; and it is further,
Ordered that one bill of costs is awarded to the infant plaintiff payable by the respondents.
In June 1996 the infant plaintiff Eric McIver Sneddon was struck by a Nissan Pathfinder vehicle when the vehicle suddenly accelerated while the driver was attempting to park. In a previous action (hereinafter Sneddon 1) asserted solely against the driver and the owner of the vehicle for damages caused by the driver's negligence, the Supreme Court granted the plaintiffs' motion for summary judgment on the issue of the liability of the driver and owner. In deciding that motion, the Supreme Court added that the driver's negligence was the "sole proximate cause" of the infant's plaintiff's injuries. The parties thereafter entered into a settlement agreement and an infant's compromise order was entered.
Two years later, the plaintiffs commenced the instant action against, among others, the respondents, who were not parties to the original action, asserting, inter alia, causes of action alleging products liability and...
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