ZIMAN v. EMPLOYERS FIRE INSURANCE COMPANY

No. 39, Docket 73-1265.

493 F.2d 196 (1974)

Steve A. ZIMAN, Plaintiff-Appellee, v. The EMPLOYERS FIRE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 7, 1974.


Attorney(s) appearing for the Case

Robert Grussing, III, Brattleboro, Vt. (A. Luke Crispe, Brattleboro, Vt., on the brief), for plaintiff-appellee.

William F. McNulty, New York City, (Dick, Hackel & Hull, Rutland, Vt., and Anthony J. McNulty, New York City, on the brief), for defendant-appellant.

Before KAUFMAN, Chief Judge, and LUMBARD and TIMBERS, Circuit Judges.


LUMBARD, Circuit Judge:

The Employers Fire Insurance Co. ["Employers"] appeals from a judgment in the sum of $78,277 awarded the appellee, Steve A. Ziman, for personal injuries sustained in an accident on July 30, 1967, caused by the negligence of Employers' insured, David Hodgdon. We reverse.

On July 30, 1967, a bulldozer negligently maintained by David Hodgdon struck the appellee, leaving his lower left leg crushed and mangled. Ziman shortly thereafter filed...

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