RIVERA v. RYDER TRUCK RENTAL, INC.


276 A.D.2d 405 (2000)

714 N.Y.S.2d 286

ERAMI RIVERA, as Administrator of the Estate of DEWELL RIVERA, Deceased, Respondent, v. RYDER TRUCK RENTAL, INC., et al., Appellants, et al., Defendants.

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

Decided October 24, 2000.


Plaintiff's decedent was fatally injured when the Ryder truck on the back of which he had been riding was backed-up by defendant Nunez, causing decedent to be crushed between the truck's rear end and certain scaffolding immediately behind the truck. The record presents triable issues as to whether defendant Nunez contributed to decedent's harm by failing to exercise reasonable care to ascertain that no one was behind the truck before he backed the truck up against the scaffolding...

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