HENRY v. GEN. MOTORS CORP., CHEVROLET MOTOR DIV.


201 A.D.2d 949 (1994)

609 N.Y.S.2d 711

Dale A. Henry et al., Respondents, v. General Motors Corporation, Chevrolet Motor Division, et al., Appellants. (Appeal No. 1.)

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

February 4, 1994


Judgment unanimously reversed on the law without costs and complaint dismissed.

Memorandum:

A 10-wheel tank truck manufactured by defendant General Motors Corporation (defendant) and operated by plaintiff Dale A. Henry (plaintiff) flipped over after plaintiff failed to negotiate a curve at the bottom of a hill on Dake Road in Otto. Plaintiff sustained serious hip injuries and commenced this lawsuit. The sole theory of liability advanced at trial was that the...

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