Ordered that the order is affirmed insofar as appealed from, with costs to the respondent Danford Francis.
The plaintiff Danford Francis was injured in February of 1986 when the tailgate of a truck owned by the appellant fell on his left foot while the truck was being loaded. The injured plaintiff has not returned to work since the date of the accident. An X ray, bone scan, and "CAT" scan taken of the injured plaintiff's foot within a few months after the accident...
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