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HARRIS v. MITCHELL

818 A.2d 443 (2003)

358 N.J. Super. 504

James HARRIS, Plaintiff-Appellant, v. Larry MITCHELL, an individual; Larry Trucking, a business entity; Larry Mitchell d/b/a Mitchell Trucking, a business entity; and David Smith, an individual, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 2003.

Attorney(s) appearing for the Case

Neil Malvone argued the cause for appellant (Lombardi and Lombardi, attorneys; Gregory A. Stathis, on the brief).

Frank E. Borowsky, Sea Girt, argued the cause for respondents (Monte, Sachs & Borowsky, attorneys; Mr. Borowsky and Keith M. McWhirk, on the brief).

Before Judges HAVEY, WELLS and PAYNE.

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

Plaintiff James Harris is an employee of Burnham Services Company, Inc., a certified interstate motor carrier. Pursuant to federal regulations, Burnham leased a tractor from defendant Larry Mitchell, d/b/a Mitchell Trucking. Plaintiff was injured while loading a trailer attached to Mitchell's tractor when Mitchell's employee, defendant David Smith, suddenly moved the tractor, causing plaintiff to fall.

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