A driver who lost control of her car when an unruly passenger suddenly unlaced her bikini top has been excused of liability in the fatal accident that immediately followed.
“Brittany [Lahm]‘s general awareness that Brandon Berman, a passenger in her vehicle, had engaged in certain distracting conduct while in the car would not preclude a jury from deciding that Brittany did not anticipate that he would suddenly pull the strings on her bikini top, thereby causing the top to fall and her breasts to be exposed,” a 3-1 majority of the Appellate Division, Second Department, concluded in Pelletier v. Lahm, 2011-09038,
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