Desiree Rios, Respondent v. Frank Smith, Jr., Defendants, and Theodore Persigo, Also Known as Teddy…

Summary

The New York Court of Appeals affirmed the lower courts' judgment, holding that the jury's verdict finding Theodore Persico liable for negligent entrustment of ATVs to his son was proper, that a parent may be liable for entrusting a dangerous instrument to a child who then lends it to another minor, and that the question of whether an ATV is a dangerous instrument is a factual issue for the jury.