22 The Courier sun • march 27, 2014 FOR BREAKING NEWS VISIT www.couriersun.com st of the 2013 THE QUEENS QueensCourier.com Place Legally Speaking By: Scott Baron, Attorney at Law NEW YEAR’S EVE Advertorial Q: My friend and I attended a New Year’s Eve party. We consumed alcohol. Upon leaving, my friend backed his truck out of the driveway onto the main road. Because of the vehicles parked adjacent to our hosts’ driveway, sightlines were limited. We collided with another vehicle. Eventually, he pleaded guilty to driving while intoxicated. A: In general, a landowner has a duty to act in a reasonable manner to prevent harm to those on their property. This includes both a duty to maintain the property in a reasonably safe condition and a duty to warn of a latent, dangerous condition on the property. However, in these circumstances, our courts have held that your hosts had no duty to assist your friend as he pulled out of their driveway, or otherwise warn him that vehicles parked along the road next to the driveway may obstruct the view when exiting. Our courts have also held that your hosts were no longer in a position to control your friend when he entered his vehicle and drove away – that requiring social hosts to prevent intoxicated guests from leaving their property would inappropriately expand the concept of duty. The parked vehicles do not amount to a latent or dangerous condition on your hosts’ property. Even if your hosts may have been more aware of this potential obstruction than you, that did not create a duty on their part to assist or warn you. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 MAIN STREET RADIOLOGY TEL: (718) 428-1500 - FAX: (718) 428-2475 • www.mainstreetradiology.com • Conveniently located near public transportation • Valet Parking • Night and Weekend appointments available • Most Insurance Plans Accepted • We are in your neighborhood and speak your language NEW! WESTERN QUEENS 72-02 Northern Blvd. Jackson Heights, NY 11372 DOWNTOWN FLUSHING 136-25 37th Ave. Flushing, NY 11354 BAYSIDE (NORTHERN BLVD.) 44-01 Francis Lewis Blvd., Bayside, NY 11361 BAYSIDE (32 AVE) 32-25 Francis Lewis Blvd., Bayside, NY 11358 Opening Fall 2014 IN YOUR NEIGHBORHOOD WITH ADVANCED IMAGING Quality, Comfort And Safety For Our Patients DEXA (Bone Density), Interventional Radiology, X-Ray and PET/CT Scanning In a fully supportive environment by a multilingual staff. Most Insurance MAIN STREET RADIOLOGY is a full service Medical Diagnostic Imaging Center offering: MRI, MRA, OPEN MRI, CT/CTA, Nuclear Medicine Nuclear Cardiology, Ultrasound, Doppler, Mammography. BOARD CERTIFIED FELLOWSHIP TRAINED RADIOLOGISTS David Rogers, M.D. William G. Wolff, M.D. Shirley Bassiri, M.D. Carolyn Boltin, M.D. Lawrence Carl, M.D. Kornylo D. Chorny, M.D. John DeRosa, M.D. Jan Eubig, M.D. Yong H. Hahn, M.D. John Iraj, M.D. Anthony Italiano, M.D. Ari Jonisch, M.D. Barry Kanner, M.D. Alice Kim, M.D. Han Kim, MD. Jeffrey C. Lee, MD. K. Lin, M.D. Maura Noordhoorn, M.D. Steve Okon, M.D. Brijesh Reddy, M.D. Bobbi Ring, M.D. Eric Rios, M.D. Lawrence Schechter, M.D. Jack Scheiner, M.D. Wales Shao, M.D. Harry Tsou, M.D. Stanley Yang, M.D. Lai Ming Yu, M.D.
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