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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Negligent Supervision: Green v. Hosley

Fourth Department — Negligent Supervision: Green v. Hosley

Appellate Division, Fourth Department

Negligent Supervision

Driver’s Duty of Care

Green v. Hosley
CA 13-01310
Appealed from Supreme Court, Monroe County

Background: The plaintiff commenced an action seeking damages for injuries sustained by the daughter of the plaintiff and the defendant. The child exited a vehicle owned a second defendant and immediately darted out into traffic in an attempt to reach her school bus stop across the street. She was struck by a vehicle driven by a third defendant. The defendants moved to dismiss. The court denied the third defendant’s motion, but granted the first two defendants on the issue of negligent supervision.

Ruling: The Appellate Division reversed, dismissing all claims against the defendants. The court held that the record established that the third defendant acted as a reasonably prudent person when she slowed her rate of speed immediately upon seeing the parked vehicle ahead, and that she proceeded with caution while attempting to pass it safely on the left.  In addition, the remaining defendants met their burden that no duty of care was breached when he parked his vehicle against the curb on a side street.

Alison K.L. Moyer of Rupp, Baase, Pfalzgraf, Cunningham & Coppola and Daniel T. Hunter of Hurwitz & Fine for the defendant-appellants; Anthony J. Zitnik Jr. for the plaintiff-respondent