This section contains the nature of the case and procedural background.

P, a pedestrian, was blinded in one eye by an egg thrown from a moving automobile owned by Eugene (D) and permissively operated by D in which Russell DiBenedetto (D) was a passenger. A statute which imposes vicarious liability against the owner of a motor vehicle for injury resulting from negligence in its permissive use or operation. P sued Ds. D and DiBenedetto (D) entered voluntary pleas to the charge of assault in the third degree. P moved for summary judgment against Eugene (D). Eugene (D) moved to dismiss.

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