SHUBERT v. BENNETT MFG. CO., INC.


201 A.D.2d 285 (1994)

607 N.Y.S.2d 30

Michelle Shubert, Plaintiff, v. Bennett Manufacturing Company, Inc., et al., Defendants Bennett Manufacturing Company, Inc., Third-Party Plaintiff-Respondent, v. J.B. Hunt Transport, Inc., Third-Party Defendant-Appellant

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

February 3, 1994


Plaintiff, a truck driver employed by third-party defendant Hunt, was injured when cargo loaded by defendant Bennett Manufacturing Company, Inc. (Bennett) spilled out of the truck when the doors were opened. It was conceded for the purpose of the motion below that the cargo, consisting of cabinets each weighing hundreds of pounds, was not adequately secured against slippage, as the top two crates were joined together with two-by...

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