BISS v. TENNECO, INC.


64 A.D.2d 204 (1978)

Elizabeth R. Biss, as Executrix of Robert A. Biss, Deceased, Appellant, v. Tenneco, Inc., et al., Respondents

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

November 3, 1978


Attorney(s) appearing for the Case

Michaels, Michaels, Wineburg, Scollan & Weinstein (Lee Michaels and Carl Cannucciari of counsel), for appellant.

Gleason, Foulke, Magill & Hewitt (Paul Magill of counsel), for Tenneco, Inc., respondent.

Bert F. Halderman for Coe-Pettit Equipment, Inc., respondent.

MARSH, P. J., MOULE and WITMER, JJ., concur, HANCOCK, JR., J., not participating.


SIMONS, J.

Plaintiff's testator was injured about 10:00 A.M. on December 19, 1972 when a vehicle which he was operating, known as a loader, went off the road and collided with a telephone pole. Decedent sustained a crushed pelvis and severe internal injuries which resulted in his dealth several days later. The accident was unwitnessed but before decedent died, he told various witnesses that he had lost control...

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