BENGAR v. CLARK EQUIPMENT CO.


401 Mass. 554 (1988)

517 N.E.2d 1286

SCOTT BENGAR & another vs. CLARK EQUIPMENT COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

January 19, 1988.


Attorney(s) appearing for the Case

Martin C. Pentz (Daniel J. Gleason with him) for the defendant.

Cynthia J. Cohen (Michael B. Bogdanow with her) for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.


WILKINS, J.

On September 27, 1979, the plaintiff Scott Bengar sustained personal injuries when the forklift vehicle (forklift) he was operating rolled over. In December, 1979, the plaintiffs commenced an action against both the owner and the operator of a motor vehicle alleging that the negligent operation of that vehicle caused Bengar to swerve the forklift in order to avoid a collision, which in turn caused the forklift to tip over. On March 29, 1985, a Middlesex...

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