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PLOOF v. B. I. M. TRUCK SERV., INC.

53 A.D.2d 750 (1976)

Irene T. Ploof, as Administratrix of The Estate of Ernest L. Ploof, Deceased, Respondent, v. B. I. M. Truck Service, Inc., Appellant, and Lane Construction Corporation, Defendant and Third-Party Plaintiff-Appellant. Zappala Co., Inc., Third-Party Defendant-Respondent

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

June 10, 1976

On June 18, 1970 Ernest L. Ploof, a truck driver employed by the Zappala Co., Inc., was fatally injured when he was unloading a shipment of concrete pallets at a Lane Construction Corporation site. A trolley cable on the Side-O-Matic unloading device snapped as he was trolleying a load to an elevated spot at the bridge site and the load slid down pinning him beneath it. Following a jury trial a verdict was rendered against Lane and B. I. M. for $350,000 wrongful death and...

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