CHRISTINA MANNING, AN INFANT, &C., APPELLANT, v. RALPH L. BROWN, ET AL.,
RESPONDENTS.
91 N.Y.2d 116, 689 N.E.2d 1382, 667 N.Y.S.2d 336 (1997).
November 20, 1997
3 No. 209
(97 NY Int. 0190)
Decided November 20, 1997
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Submitted by John M. Silvestri, for appellant.
Richard F. Hunter, for Brown respondents.
Peter A. Firth, for respondent Amidon.
CIPARICK, J.:
The primary issue on this appeal is whether plaintiff's knowing
participation in the unauthorized use of a motor vehicle, a crime
commonly referred to as joy riding, precludes her recovery for
injuries resulting from that conduct. Under thecircumstances presented
here we conclude that plaintiff's conduct constituted such a serious
violation of the law as to warrant preclusion of her lawsuit.
I.
On April 21, 1993, plaintiff Christina Manning and her friend,
defendant Karla Amidon, were students at Ticonderoga High School.
Neither girl had a driver's license or learner's permit. At around
8:00 p.m., plaintiff, Amidon and a third girl were riding around town
in a truck operated by a fourth friend when Amidon spotted a car
belonging to defendants Ralph Brown and Julie Brown parked at a local
community college. Amidon referred to the Browns as her grandparents
although there was no actual family relationship. Amidon asked that
the truck be stopped so she could check the car for loose change.
While rummaging around the console between the front seats, Amidon
discovered a set of car keys underneath some papers. She started the
car and invited her two girlfriends to join her. Plaintiff rode in the
front passenger seat and gave directions as Amidon drove. After
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
for appellant.
The primary issue on this appeal is whether plaintiff's knowing participation in the
Under thecircumstances presented here we conclude that plaintiff's conduct constituted such a
On April 21, 1993, plaintiff Christina Manning and her friend, defendant Karla Amidon, were
At around 8:00 p.m., plaintiff, Amidon and a third girl were riding around town in a truck
Amidon referred to the Browns as her grandparents although there was no actual family
While rummaging around the console between the front seats, Amidon discovered a set of car
Plaintiff testified at her deposition that while she was driving the car Amidon asked her to
Plaintiff then suggestedthat they adjust the car radio back to the station set by Mr. Brown,
Amidon admitted in her deposition that she neither asked for nor received permission from the
Following completion of pre trial discovery, the Browns moved for summary judgment based
Supreme Court granted defendants' motions for summary judgment dismissing plaintiff's
We granted leave and now affirm.
In Barker v Kallash (63 NY2d 19) we held, as a matter of public policy, that where a
Thus, in Barker, a fifteen year old plaintiff who was injured while making a pipe bomb was
Violation of a statute governing the manner in which activities should be conducted merely
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