Home/New York Court of Appeals/Campbell v. Central New York Regional Transportation Authority

Campbell v. Central New York Regional Transportation Authority

855 N.E.2d 1165, 7 N.Y.3d 819
CourtNew York Court of Appeals
DecidedSeptember 12, 2006
StatusPublished
Cited by60 cases

This text of 855 N.E.2d 1165 (Campbell v. Central New York Regional Transportation Authority) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Central New York Regional Transportation Authority, 855 N.E.2d 1165, 7 N.Y.3d 819 (N.Y. 2006).

Opinion

OPINION OF THE COURT

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 factfinder to resolve, defendant established that the ill-fitting replacement wheelchair provided by a third party constituted [821]*821an independent intervening occurrence which operated upon, but did not flow from, the original negligence (Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315 [1980]; see also Ventricelli v Kinney Sys. Rent A Car, 45 NY2d 950, 951 [1978], mot to amend remittitur granted 46 NY2d 771 [1978]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Grapfeo, Read and R.S. Smith concur in memorandum.

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

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Cite This Page — Counsel Stack

Bluebook (online)
855 N.E.2d 1165, 7 N.Y.3d 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-central-new-york-regional-transportation-authority-ny-2006.