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PROGRESSIVE CASUALTY INSURANCE COMPANY v. BAKER

290 A.D.2d 676 (2002)

736 N.Y.S.2d 447

PROGRESSIVE CASUALTY INSURANCE COMPANY, Respondent, v. BERNIE BAKER, Individually and Doing Business as BERNIE BAKER LOGGING, et al., Defendants, and FRANKLIN RUSSELL, Appellant.

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

Decided January 10, 2002.

Spain, J.

In July 1996, defendant Franklin Russell was working as an independent contractor cutting logs for Bernie Baker Logging, a logging business operated by defendants Bernie Baker and Bernie Baker, Jr. According to Russell, while Bernie Baker, Jr. was operating the log loader attached to his 1987 logging truck, one of the logs slipped and struck Russell, causing him serious injuries. Litigation ensued, resulting in a settlement on the issue of Russell's entitlement...

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