McGHEE v. [And Another Action] (1999)

Supreme Court, Appellate Division, First Department, New York.

Joseph McGHEE, Plaintiff-Appellant, v. NEW YORK TIMES, INC., et al., Defendants-Respondents. [And Another Action]

Decided: May 25, 1999

SULLIVAN, J.P., TOM, MAZZARELLI, RUBIN and FRIEDMAN, JJ.

Alan C. Kestenbaum, for Plaintiff-Appellant. Thomas J. Maimone, for Defendants-Respondents.

Order, Supreme Court, Bronx County (Howard Silver, J.), entered on or about September 22, 1997, which granted defendants' motion for summary judgment dismissing the complaints, unanimously affirmed, without costs.

Plaintiff was allegedly assaulted, after a traffic accident, by a truck driver, who was employed by defendant New York Times as a deliveryman. The assault was outside the scope of the driver's employment, and accordingly the Times cannot be held liable for plaintiff's injuries caused by the assault (Adams v. New York City Tr. Auth., 88 N.Y.2d 116, 643 N.Y.S.2d 511, 666 N.E.2d 216; Kwak v. Wolfenson, 258 A.D.2d 418, 686 N.Y.S.2d 381; Nicollette T. v. Hosp. for Joint Diseases, 198 A.D.2d 54, 603 N.Y.S.2d 146). The record is clear that plaintiff's injuries were caused by the assault, and not the collision. The statement of plaintiff's physician to the contrary was properly rejected as speculative, and not based on facts in the record. We have considered plaintiff's remaining arguments and find them unavailing.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network