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CANAL INS. CO. v. F.W. CLUKEY TRUCKING CO.

295 N.J. Super. 131 (1996)

684 A.2d 953

CANAL INSURANCE COMPANY, PLAINTIFF-APPELLANT, v. F.W. CLUKEY TRUCKING COMPANY, NELSON FLAGG, RENE HERNANDEZ AND CELESTINA HERNANDEZ, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 15, 1996.

Attorney(s) appearing for the Case

Rooney, Peduto & Rooney, attorneys, for appellant (Charles A. Rooney, Jr., on the brief).

William A. Thomas, Jr., attorney, for respondent F.W. Clukey Trucking Company (Angela D. Watson, on the brief).

Fricke & Solomon, attorneys, for respondents Rene and Celestina Hernandez (Richard M. Fricke, on the brief).

Before Judges HAVEY, BROCHIN and KESTIN.

The opinion of the court was delivered by BROCHIN, J.A.D.

Rene Hernandez was employed by International Terminal Operators at Port Newark, New Jersey. On December 27, 1987, he was working inside a truck trailer operated by F.W. Clukey Trucking Company, preparing to load it with crates of bananas. While Mr. Hernandez was working inside the trailer, Clukey's driver moved it away from the loading dock. The movement caused Hernandez to fall out of the trailer. He was seriously...

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