On July 18, 1986, plaintiff Gary D. Carpenter (hereinafter plaintiff), a blacktop paver, sustained serious injuries while he was working as the head of a crew paving a section of Interstate Route 88 (hereinafter I-88) in the Town of Afton, Chenango County. At approximately 1:00 P.M. that day, plaintiff was struck and dragged by a 10-wheel dump truck loaded with blacktop that was driven by defendant Bruce W. Albee (hereinafter defendant). I...
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