Ponzio’s Diner Bakery Bar • 7 West Rt 70 • Cherry Hill, NJ 08003 • 856.428.4808 • www.ponzios.com Hours of Operation: Everyday: 6:30am to 09:30pm site by: emaxed.com "The existence and scope of an alleged tortfeasor's duty is, in the first instance, a legal question for determination by the court" (Di Ponzio v Riordan, 89 NY2d 578, 583 [1997]). Servs. Subscribe to Justia's Free Summaries Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. [1] Defendant Riordan also appealed, assertedly to preserve his cross claims. z o.o. [2] It is this class of foreseeable hazards that defines the scope of the URC's purported duty. cit., § 31, at 170 ["It is not enough that everyone can see now that the risk was great, if it was not apparent when the conduct occurred"]). 2015, Vol 36(7) 820-826. Terrance was in a wheelchair due to a motorcycle accident. Riordan took about five minutes to pump gas into his car and then went inside the gas station's storefront enclosure to pay the attendant for his fuel. San Piero a Sieve, FI. Such arguments, however, are misguided to the extent that they fail to recognize the analytically important distinction between the concept of risk or hazard and the concept of harm. In support of their claim, plaintiffs cited information obtained during discovery that URC attendants were not supposed to allow customers to pump gas while their engines were running and that the attendants had the ability to turn off a particular pump in the event that a customer refused to comply. As we stated in Waters v. New York City Hous. In the late eighties, Dolores met up with her band members-to-be. 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. Known Locations: Sherman Oaks CA 91401, Oak Park CA 91377 Possible Relatives: , Edward J Diponzio, age 79, Punta Gorda, … Apollo sees an Amphisbaena, a snake with a head on each end, get on and stares at them. We note our rejection of plaintiffs' alternative argument that URC may be held vicariously liable for any negligence on the part of defendant Riordan. Riordan took about five minutes to pump gas into his car and then went inside the gas station's storefront enclosure to pay the attendant for his fuel. When Pluto granted Marie one wish, Marie wished for all the riches of the earth from Pluto, despite his warning that the greediest wishes cause the greatest sorrows. 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. Page 377. Plaintiffs' theory against defendant URC was that it had been negligent in failing to properly train its attendants and that its attendants had been negligent in failing to comply with URC rules requiring that customers be warned to turn off their engines while fueling their vehicles. This is the old version of the H2O platform and is now read-only. "Courts resolve legal duty questions by resort to common concepts of morality, logic and consideration of the social consequences of imposing the duty" ( Tenuto v Lederle Labs., Div. R.R. At about 1:00 p.m. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. on opn below 61 N.Y.2d 922, 474 N.Y.S.2d 722, 463 N.E.2d 38; see also, Derdiarian v. Felix Contr. He went out of his car and started refilling his car's tank. It is often said that plaintiffs need not demonstrate the foreseeability of the precise manner in which the accident occurred or the precise type of harm produced in order to establish the foreseeability component of their tort claims (e.g., Palsgraf v. Long Is. It is beyond dispute that landowners and business proprietors have a duty to maintain their properties in reasonably safe condition (see, e.g., Kush v City of Buffalo, 59 N.Y.2d 26; Basso v Miller, 40 N.Y.2d 233). Richard Di Ponzio et al., Respondents, v. Michael Riordan, Defendant, United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Appellants Hence, plaintiffs have no legal ground for asserting a claim against defendant URC. Cassino, Provincia di Frosinone, Lazio, Italy. He had parked just opposite the plaintiff's car. 36, at 106-107), is irrelevant to this controversy because it concerns the duty of a "person * * * in charge of a motor vehicle" rather than the duty of a filling station owner. Citation: 89 N.Y.2d 578, 657 N.Y.S.2d 377: Party Name: Di Ponzio v. Riordan: Case Date: March 20, 1997: Court: New York Court of Appeals At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. Apollo and Meg McCaffrey are in the quiet car of an Amtrak pulling out of Union Station in Washington, D.C. to head to New York City. 1 Defendant Riordan also appealed, assertedly to preserve his cross claims. The analysis is also driven by considerations of public policy. 679 NE2d 616, 89 NY2d 578, 657 NYS2d 377, Jurisdiction: Richard Di Ponzio et al., Appellants, Foot & Ankle International. That section requires filling stations to post warning signs directing their customers not to smoke and to "[s]top motor[s] during fueling operation." 6 Matches for Di Ponzio. Plaintiffs' theory against defendant URC was that it had been negligent in failing to properly train its attendants and that its attendants had been negligent in failing to comply with URC rules requiring that customers be warned to turn off their *582 engines while fueling their vehicles. 657 N.Y.S.2d 377. Płocka 22 tel. Storia di … Accordingly, as a matter of law defendant URC had no cognizable legal duty to protect against the injury-producing occurrence and plaintiff's cause of action based on URC's own alleged negligence was properly dismissed. On URC's appeal, the Appellate Division reversed and dismissed the complaint against URC. The occurrence that led to plaintiff's injury was clearly outside of this limited class of hazards. 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. Corp., 51 N.Y.2d 308, 434 N.Y.S.2d 166, 414 N.E.2d 666). Thank you. Supreme Court denied the motion, holding that URC, as the premises owner, had a duty to exercise reasonable care and that the questions of foreseeability and proximate cause should be resolved by the fact finder. . Such arguments, however, are misguided to the extent that they fail to recognize the analytically important distinction between the concept of risk or hazard and the concept of harm. . DOI: 10.1177/1071100715573748 fai.sagepub.com; Richard Di Ponzio et al., Appellants, v. Michael Riordan, Appellant, and United Refining Company of Pennsylvania, Doing Business as Kwik Fill, et al., Respondents. The duty of a landowner or other tort defendant, however, is not limitless. In analyzing questions regarding the scope of an individual actor's duty, the courts look to whether the relationship of the parties is such as to give rise to a duty of care (see, e.g., Waters v. New York City Hous. The defendant, Michael Riordan drove into the gas station, around the same time and began refilling his car's tank. R. R. Co., 248 N.Y. 339, 344). Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge WESLEY taking no part. and this is Coach,” she says, gesturing at two of her counter’s nine seats. Riordan moved toward the vehicle, but he was unable to reach it in time to stop it from striking plaintiff. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. 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. In contrast, where the harm was caused by an occurrence that was not part of the risk or recognized hazard involved in the actor's conduct, the actor is not liable (see, id., comment f ). Co., 248 N.Y. 339, 344, 162 N.E. Di Ponzio v Riordan, 224 A.D.2d 139, affirmed. Marie had summoned Pluto using a spell that Hecate had found, and they fell in love. Find Joseph Diponzio in the United States. “I’m old-school,” adds Browning, who’s 73 and doesn’t look it. R.R. In contrast, where the harm was caused by an occurrence that was not part of the risk or recognized hazard involved in the actor's conduct, the actor is not liable (see, id., comment f). Giorgio Gaber - Sexus et Politica - 1970 - Anche se sei compaesano di Ponzio e di Tritano Corp., 83 N.Y.2d 579, 584-585, 611 N.Y.S.2d 817, 634 N.E.2d 189). Cyanamid Co. , 90 NY2d 606, 612 [1997]). Riordan moved toward the vehicle, but he was unable to reach it in time to stop it from striking plaintiff. Additionally, the concurrer opined that any alleged negligence on URC's part was not the proximate cause of the accident. The name Joseph Diponzio has over 4 birth records, 1 death records, 0 criminal/court records, 13 address records, 2 phone records and more. The threshold issue in this negligence action is whether defendant URC had a legally cognizable duty to prevent the accident in which plaintiff Di Ponzio was injured (see generally, Palka v Servicemaster Mgt. California had the highest population of Ponzio … DI PONZIO v. RIORDAN Appellate Division of the Supreme Court of New York, Fourth Department. According to the complaint allegations and summary judgment submissions, the injury-producing accident occurred on defendant's premises on April 15, 1991. The other provision on which plaintiffs rely, Vehicle and Traffic Law § 1210 (a) (see, 1954 NY Legis Doc No. 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. Defendant United Refining Co. (URC) owns and operates a self-service filling station in Rochester. Additionally, the concurrer opined that any alleged negligence on URC's part was not the proximate cause of the accident. Indeed, the local ordinance plaintiffs cite as one source of support for the existence of a duty to direct gas station patrons to turn off their engines is, in fact, contained within the City of Rochester Fire Prevention Code, whose stated purpose is to safeguard against "the hazards of fire and explosions" (see, City of Rochester Fire Prevention Code § 54-1). 99). Corp., 51 N.Y.2d 308). July 12, 1996. Plaintiff, who was pinned between the two cars, suffered a fractured leg. At about 1:00 P.M. on that date, plaintiff Richard Di Ponzio drove into defendant's gas station, exited his car and began to fill his tank with fuel. of Am. The existence and scope of an alleged tortfeasor's duty is, in the first instance, a legal question for determination by the court (see, Palka v Servicemaster Mgt. ", In this case, the focus of the inquiry is on the foreseeability of the risk. Corp., supra, at 585, 611 N.Y.S.2d 817, 634 N.E.2d 189). Because this type of accident was not among the hazards that are naturally associated with leaving a car engine running during the operation of a gas pump, the alleged misconduct of URC's employees does not give rise to liability in tort. TITONE, J. Two of the Justices concluded that URC should not be held liable because the accident was not foreseeable. Traci Ann Wilson, age 52, Oak Park, CA 91377 Background Check. A related problem, also implicated here, is the need to analyze the relationship between the risk created by the actor's conduct and the actual occurrence that caused the harm. Auth., 69 N.Y.2d 225; Pulka v Edelman, supra, at 783), whether the plaintiff was within the zone of foreseeable harm (see, e.g., Palsgraf v Long Is. The occurrence that led to plaintiff's injury was clearly outside of this limited class of hazards. This principle is sometimes mistakenly cited to support an argument that a careless act should lead to liability even though the injury-producing accident itself occurred in an unexpected manner. 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. 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. 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). Greene, of counsel), for United Refining Company of Pennsylvania, respondent. Plaintiffs then appealed to this Court pursuant to CPLR 5601(a). Chi ha ucciso Ponzio Pilato? The Cranberries were an Irish rock band formed in Limerick, Ireland, in 1989 by lead singer Niall Quinn, guitarist Noel Hogan, bassist Mike Hogan, and drummer Fergal Lawler.Quinn was replaced as lead singer by Dolores O'Riordan in 1990. The following example taken directly from the Restatement provides a useful illustration of the point: As this hypothetical fact pattern makes clear, where an individual breaches a legal duty and thereby causes an occurrence that is within the class of foreseeable hazards that the duty exists to prevent, the individual may be held liable, even though the harm may have been brought about in an unexpected way. (224 AD2d 139, 147.) New York had the highest population of Di Ponzio families in 1920. Volgenau & Bosse, Buffalo (Norman E. S. Greene of counsel), for United Refining Company of Pennsylvania, respondent. Dolores O'Riordan, Soundtrack: The Devil's Own. There was no master-servant or other similar relationship between URC and Riordan that would serve under existing law as a basis for holding the former responsible for the misconduct of the latter without regard to fault. Indeed, the local ordinance plaintiffs cite as one source of support for the existence of a duty to direct gas station patrons to turn off their engines is, in fact, contained within the City of Rochester Fire Prevention Code, whose stated purpose. The remaining two Appellate Division Justices dissented for the reasons set forth in the Supreme Court opinion. “Doc sits here . Ponzio’s is still dark, but the coffee is on, and so is Joan Browning. The threshold issue in this negligence action is whether defendant URC had a legally cognizable duty to prevent the accident in which plaintiff Di Ponzio was injured (see generally, Palka v. Servicemaster Mgt. 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. When a vehicle's engine is left running in an area where gasoline is being pumped, there is a natural and foreseeable risk of fire or explosion because of the highly flammable properties of the fuel. Richard DI PONZIO and Joyce L. Di Ponzio, Respondents, v. Michael RIORDAN, Defendant. In 1920 there were 2 Di Ponzio families living in New York. R. R. Co., supra) and whether the accident was within the reasonably foreseeable risks (see, e.g., Danielenko v Kinney Rent A Car, 57 N.Y.2d 198). Rick was born March 21, 1959 in Denver, Colorado to Donald and Florence (Flis) Ponzio. Because this type of accident was not among the hazards that are naturally associated with leaving a car engine running during the operation of a gas pump, the alleged misconduct of URC's employees does not give rise to liability in tort. 09-472 Słupno Cekanowo, ul. Riordan stated during his deposition testimony that the pavement was relatively level and that he placed his console gearshift in the park position. : + 48 (24) 267 50 00 e-mail: ponzio@ponzio.pl When the person is harmed by an occurrence resulting from one of those hazards, the negligent actor may be held liable. 89 N.Y.2d 578, 679 N.E.2d 616, 60 A.L.R.5th 889. Moreover, by its terms, the statute regulates conduct on public streets, not on private premises. The existence and scope of an alleged tortfeasor's duty is, in the first instance, a legal question for determination by the court (see, Palka v Servicemaster Mgt. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. When the person is harmed by an occurrence resulting from one of those hazards, the negligent actor may be held liable. v. It is beyond dispute that landowners and business proprietors have a duty to maintain their properties in reasonably safe condition (see, e.g., Kush v. City of Buffalo, 59 N.Y.2d 26, 462 N.Y.S.2d 831, 449 N.E.2d 725; Basso v. Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868). 190 A.D.2d 1036 - FRANKLIN v. We conclude, however, that defendant filling station owner had no duty to protect its customers from the unforeseeable occurrence that led to plaintiff's injury and that, accordingly, the complaint against that defendant was properly dismissed. 1. KAYE, C.J., and BELLACOSA, SMITH, LEVINE and CIPARICK, JJ., concur. cit., § 31, at 170; see, e.g., Danielenko v Kinney Rent A Car, supra). The name Kathleen Diponzio has over 2 birth records, 0 death records, 0 criminal/court records, 9 address records, 2 phone records and more. We note our rejection of plaintiffs' alternative argument that URC may be held vicariously liable for any negligence on the part of defendant Riordan. 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. Accordingly, as a matter of law defendant URC had no cognizable legal duty to protect against the injury-producing occurrence and plaintiff's cause of action based on URC's own alleged negligence was properly dismissed. It is also clear that this duty may extend to controlling the conduct of third persons who frequent or use the property, at least under some circumstances (see, Pulka v. Edelman, 40 N.Y.2d 781, 783, 390 N.Y.S.2d 393, 358 N.E.2d 1019). Find Nicholas Diponzio's phone number, address, and email on Spokeo, the leading online directory for contact information. Co., supra ) and whether the accident was within the reasonably foreseeable risks (see, e.g., Danielenko v. Kinney Rent A Car, 57 N.Y.2d 198, 455 N.Y.S.2d 555, 441 N.E.2d 1073). 7 records for N Diponzio. The analysis is also driven by considerations of public policy. A related problem, also implicated here, is the need to analyze the relationship between the risk created by the actor's conduct and the actual occurrence that caused the harm. In DiPonzio v. Riordan, 89 N.Y.2d 578, 657 N.Y.S.2d 377, 679 N.E.2d 616, the Court of Appeals stated the law with respect to duty as follows: “The existence and scope of an alleged tortfeasor's duty is, in the first instance, a legal question for determination by the court (see, Palka v. Servicemaster Mgt. Norman A. Palmiere, Rochester, for Richard Di Ponzio and another, appellants. dal lavoro per la pubblicazione collettiva a cura del PhotoclubMugello "Adriano Bimbi. He is survived by his loving wife, Darla along with his children and many other relatives. Rick A. Ponzio of Thornton, Colorado passed away April 22, 2017 in Lafayette, Colorado. (Italian Edition) by Natale Figura and Salvo Andrea Figura (May 19, 2014) Ponzio (Arthur) v. U.S. U.S. Supreme Court Transcript of Record with Supporting Pleadings by OSCAR SPIVAK and ROBERT H BORK (Oct 30, 2011) Ponzio Pilato. That section requires filling stations to post warning signs directing their customers not to smoke and to "[s]top motor[s] during fueling operation." (224 A.D.2d 139, 147, 645 N.Y.S.2d 368.) Radiographic Outcomes of Postoperative Taping Following Hallux Valgus Correction. 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. Find Kathleen Diponzio in the United States. You can access the new platform at https://opencasebook.org. 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. Her parents are Eileen and Terrance. The Restatement (Second) of Torts is useful in clarifying this often misconstrued principle. The duty of a landowner or other tort defendant, however, is not limitless. After the amphisbaena is still on whe… Plaintiff and his spouse subsequently commenced the present personal injury action against Riordan and URC. Servs. It is an elementary tenet of New York law that "[t]he risk reasonably to be perceived defines the duty to be obeyed" (Palsgraf v Long Is. R. R. Co., 248 N.Y. 339, 344, supra; Bahan v Green Bus Lines, 96 AD2d 876, affd on opn below 61 N.Y.2d 922; see also, Derdiarian v Felix Contr. Hence, plaintiffs have no legal ground for asserting a claim against defendant URC. Plaintiffs then appealed to this Court pursuant to CPLR 5601 (a).[1]. Argued February 12, 1997 Decided March 20, 1997. Injured by another customer's runaway car while he was on the premises of a self-service filling station, plaintiff sued the premises owner on the theory that it had a duty to ensure that all of its customers abided by regulations requiring their vehicle engines to be turned off during the operation of the gas pumps. Corp., supra, at 585). It’s 6 a.m. and all of them are empty, but the day’s first regulars are on their way. Defendant United Refining Co. (URC) owns and operates a self-service filling station in Rochester. This means you can view content but cannot create content. Supreme Court denied the motion, holding that URC, as the premises owner, had a duty to exercise reasonable care and that the questions of foreseeability and proximate cause should be resolved by the fact finder. 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. Accordingly, the order of the Appellate Division should be affirmed, with costs. The most Ponzio families were found in the USA in 1920. The Ponzio family name was found in the USA, and the UK between 1880 and 1920. 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