Court: Dealership Not Responsible for Killing of Officer

An Inwood car dealership was not responsible for the actions of an employee who took an SUV off its lot and later shot and killed a New York City police officer, an appellate court ruled recently.

Leonid and Tatyana Timoshenko, parents of slain Officer Russel Timoshenko, brought a $25 million lawsuit against Airport Auto, also known as Five Towns Mitsubishi. They alleged the dealership were negligent in hiring a convicted robber and sex offender, Dexter Bostic, who was on parole, and allowing him access to vehicles.

Bostic shot Timoshenko on July 9, 2007, during a traffic stop in Brooklyn.

But the court, in an unanimous decision, wrote that Bostic was "off-duty and away from Airport Auto's premises, constituted a superseding cause that so attenuated [the company's] alleged negligence from the ultimate injury that the imposition of liability would be unreasonable under the circumstances."

Airport Auto said in court papers that Bostic acted outside of his employment by taking the SUV and later shooting Timoshenko, according to Staten Island Live. It also said it was unaware of Bostic's criminal record.

The dealership also argued it does not allow employees to take vehicles after hours.