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Segal McCambridge recently prevailed on a motion to assert a contribution claim against a child’s parent in a go-kart case in New York.
In E.N. v. Grand Prix, a child was with his family and participated in a go-kart race at the premises. The child crashed into a gate while operating a go-kart and sustained significant personal injuries as a result. We determined that the child’s family misrepresented his age so the child could participate in the go-kart race on the Teen Track. As a result of the misrepresentation, the child was erroneously placed on the Teen Track, where he lost control of his go-kart and crashed into a gate. We successfully argued that by placing the child on the Teen Track, the child’s mother created an unreasonable risk of harm to the child and to others on the track as well. We sought contribution from the child’s mother. Justice Quinones in the Supreme Court, Westchester County agreed the contribution claim against the child could proceed.
The Court determined that the contribution claim against the child’s mother did not lack merit, and it did not otherwise prejudice, or surprise the Plaintiffs. Further, citing a recent Second Department case, R.F. v. County of Westchester and Nolechek v. Gesuale, Justice Quinones held that we could state a cognizable claim for contribution against a parent where it is alleged that the parent negligently entrusted a dangerous instrument to their child. Nolechek v. Gesuale is a Court of Appeals case and it established that it would be unacceptable to permit a parent to evade liability to a concurrent tortfeasor who suffers financial harm due to the child’s improvident use of a dangerous instrument and subsequent injury. In R.F. v. County of Westchester, the Appellate Division, Second Department underscored the negligent entrustment of a dangerous instrument exception in order to permit party to assert a claim against a child’s parent.
This decision, the result of a motion by Associate Renee Nouri, opens the door to contribution claims against parents in the context of go-kart racing.
