New York Court of Appeals
James Provenzo v. Nancy D. Sam, and Ruth E. Martenson
November 27, 196823 N.Y.2d 256
Summary
The New York Court of Appeals held that the rescue doctrine applied to the plaintiff’s attempt to aid the intoxicated driver, allowing a finding of no contributory negligence, and that the plaintiff’s statement to his wife was admissible to show his state of mind. Accordingly, the Court reversed the Appellate Division’s order and granted a new trial.