CARTER v. WEMPLE


267 A.D.2d 641 (1999)

699 N.Y.S.2d 580

ROBERT L. CARTER, Appellant, v. JAN B. WEMPLE, Respondent. (And a Third-Party Action.)

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

Decided December 9, 1999.


Graffeo, J.

This action was commenced by plaintiff to recover damages for personal injuries allegedly sustained when he was struck by an automobile on State Route 334 in the Town of Johnstown, Fulton County. Plaintiff was a passenger in a tractor-trailer operated by third-party defendant John Christman. Christman had parked the truck on the side of the northbound lane of Route 334 and plaintiff, having exited the cab of the truck, was standing in front of the vehicle...

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