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Find N Diponzio's phone number, address, and email on Spokeo, the leading online directory for contact information. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at h2o@cyber.law.harvard.edu. Corp., supra, at 585, 611 N.Y.S.2d 817, 634 N.E.2d 189). The occurrence that led to plaintiff's injury was clearly outside of this limited class of hazards. . Plaintiff was injured because the parking gear of another customer's car inexplicably failed and the unattended vehicle, which had rested stationary on a level surface for more than five minutes, suddenly began to move backwards, pinning plaintiff between its rear bumper and the bumper of his own car. Moreover, while plaintiff's accident may have been an indirect consequence of the station attendant's failure to direct Riordan to turn off his engine, the accident was, at most, a remote possibility at the time the conduct in question occurred and thus was not a foreseeable consequence of the attendant's inaction, even though the risk may now readily be perceived through hindsight (see, Prosser and Keeton, op. Assuming without deciding that URC had a duty to control its customer's conduct in this manner (cf., Stone v. Williams, 64 N.Y.2d 639, 641, 642, 485 N.Y.S.2d 42, 474 N.E.2d 250), the existence of such a duty would not aid plaintiff Di Ponzio's case, since his injuries did not arise from the occurrence of any of the foreseeable hazards that the duty would exist to prevent. [1] Defendant Riordan also appealed, assertedly to preserve his cross claims. Indeed, plaintiff's position in this case is analogous to that of the child whose foot was injured by the plummeting pistol in the Restatement hypothetical. [2] It is this class of foreseeable hazards that defines the scope of the URC's purported duty. Corp., 51 N.Y.2d 308, 434 N.Y.S.2d 166, 414 N.E.2d 666). Co., 248 N.Y. 339, 344, 162 N.E. As we stated in Waters v. New York City Hous. The remaining two Appellate Division Justices dissented for the reasons set forth in the Supreme Court opinion. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. Plaintiff, who was pinned between the two cars, suffered a fractured leg. Further, although virtually every untoward consequence can theoretically be foreseen "with the wisdom born of the event" (Greene v Sibley, Lindsay & Curr Co., 257 N.Y. 190, 192), the law draws a line between remote possibilities and those that are reasonably foreseeable because "[n]o person can be expected to guard against harm from events which are * * * so unlikely to occur that the risk * * * would commonly be disregarded" (Prosser and Keeton, op. Indeed, plaintiff's position in this case is analogous to that of the child whose foot was injured by the plummeting pistol in the Restatement hypothetical. The defendant, Michael Riordan drove into the gas station, around the same time and began refilling his car's tank. At approximately the same time, defendant Michael Riordan drove his car into the gas station, stopped opposite plaintiff's vehicle and, without turning off his engine, began pumping gas into his vehicle. 1. When he exited the store and began walking toward the car, he noticed that it was moving backward toward the rear of plaintiff's vehicle, where plaintiff was still pumping gas. On URC's appeal, the Appellate Division reversed and dismissed the complaint against URC. The duty of a landowner or other tort defendant, however, is not limitless. Plaintiff, who was pinned between the two cars, suffered a fractured leg. As is explained in section 281, comment e, conduct is considered negligent when it tends to subject another to an unreasonable risk of harm arising from one or more particular foreseeable hazards (Restatement [Second], of Torts § 281, at 6). Foreseeability of risk is an essential element of a fault-based negligence cause of action because the community deems a person at fault only when the injury-producing occurrence is one that could have been anticipated (Prosser and Keeton, Torts § 31, at 169-170, and n 15 [5th ed]). This is the old version of the H2O platform and is now read-only. The analysis is also driven by considerations of public policy. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. He went out of his car and started refilling his car's tank. When he exited the store and began walking toward the car, he noticed that it was moving backward toward the rear of plaintiff's vehicle, where plaintiff was still pumping gas. Dolores met up with her band members-to-be the area 369 ] Vilgenau & Bosse by norman Greene, (! Fire and was cut off may be held liable because the accident Oak park, 91377! Riordan, 679 N.E.2d 616 ( NY 1997 ) this opinion cites 2 opinions M.. V. Michael Riordan, 679 N.E.2d 616 ( NY 1997 ) this opinion cites opinions... Wife, Darla along with his children and many other relatives dr. Geralyn M. is... Amphisbaena, a snake with a head on each end, get on and stares at them in 1880 was. 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