It was 17-year old Nicholas Caliandro's first time operating an all-terrain vehicle ("ATV"), when he lost control and hit Christopher Mikelinich.
After the Dutchess County Supreme Court dismissed the personal-injury case filed against the kid, Mikelinich appealed.
Even though he allowed the youngster to use the ATV, and then put himself in harm's way by jumping in front of the vehicle to prevent a collision with a camper, the Appellate Division, Second Department, thought that Mikelinich could still maintain his suit, especially since any recovery he received would be reduced by the extent of his own negligence.
Will he get run over, again?
To view a copy of the Appellate Division's decision, please use this link: Mikelinich v. Caliandro