MARTIN v. ALABAMA 84 TRUCK RENTAL, INC.


38 A.D.2d 577 (1971)

Charles P. Martin, Respondent, v. Alabama 84 Truck Rental, Inc., et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 13, 1971


Judgment reversed insofar as appealed from, on the law and the facts, and new trial granted, with costs to abide the event.

On a clear night, in light traffic, plaintiff drove into the rear of a stalled truck owned by defendant Alabama, leased to defendant Yum Yum and operated by defendant Devorin. The accident occurred on a four-lane street, with two eastbound lanes and two westbound lanes. Before the accident, plaintiff had been driving east in the right-hand lane...

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