PIERVINANZI v. TEXTILE MOTOR EXPRESS, INC.


198 A.D.2d 183 (1993)

604 N.Y.S.2d 80

Michael Piervinanzi, Appellant, v. Textile Motor Express, Inc., et al., Respondents

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

November 30, 1993


We agree with the trial court that the credible evidence showed that any fault on the part of defendant truck drivers in stopping their vehicles on the highway to make emergency repairs was at most "very minor", and that plaintiff's failure to drive a sufficient distance behind another vehicle despite light early morning traffic or pay attention to the road ahead of him "was clearly the far greater fault". Plaintiff's summation arguments that the individual defendant and...

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