BURNETT v. ZITO


252 A.D.2d 879 (1998)

676 N.Y.S.2d 318

William J. Burnett et al., Respondents, v. Richard Zito et al., Appellants

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

July 30, 1998


Peters, J.

In February 1984, plaintiff William J. Burnett (hereinafter plaintiff) was operating a tractor trailer loaded with gasoline which was hit by an automobile driven by defendant Eileen Zito and co-owned by defendant Richard Zito. The collision caused plaintiff's trailer to slide sideways and forward. Unable to bring the truck under control, plaintiff jumped from the moving vehicle.

Plaintiff experienced increased pain over the next few...

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