Tikhonova v. Ford Motor Co.

Summary

The New York Court of Appeals held that a vehicle owner may be vicariously liable under Vehicle and Traffic Law § 388 for the negligence of a diplomat who is immune from suit. The court further held that 28 U.S.C. § 1364, which permits injured parties to sue a diplomat’s insurer in federal court, is not an exclusive remedy barring a state-court action against the vehicle owner. The court affirmed reinstatement of the plaintiff’s claims against Ford.

Holdings

1. A vehicle owner's liability under Vehicle and Traffic Law § 388 is not extinguished merely because the negligent driver is immune from suit. The statute bases the owner's liability on the driver's negligent use or operation of the vehicle with the owner's permission, not on the driver's own amenability to suit.
2. Section 1364 does not provide an exclusive remedy and does not bar a state-court action against another potentially liable party, including the vehicle owner.

Questions Presented

1. Whether a vehicle owner may be held vicariously liable under New York Vehicle and Traffic Law § 388 for the negligence of a diplomat who is immune from suit.
2. Whether 28 U.S.C. § 1364 provides an exclusive remedy that bars an injured plaintiff from suing the vehicle owner in state court.

Disposition

affirmed