New York Court of Appeals
Stanley Murdza, Appellant v. Robert Zimmerman, Defendant, and D.L. Peterson Trust, Respondents
February 18, 200399 N.Y.2d 375
Summary
The New York Court of Appeals answered two certified questions: it held that Brown & Williamson’s employee handbook rebutted the presumption of owner consent, immunizing B&W from liability under Vehicle and Traffic Law § 388, and it held that the lessors PHH Fleet America and the D.L. Peterson Trust are not immunized and may be liable under § 388.