HOPPS v. PENGATE HANDLING SYSTEMS OF NEW YORK, INC.


307 A.D.2d 665 (2003)

763 N.Y.S.2d 856

FRANK M. HOPPS et al., Respondents, v. PENGATE HANDLING SYSTEMS OF NEW YORK, INC., Appellant. (And a Third-Party Action.)

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

Decided July 31, 2003.


Cardona, P.J.

On May 27, 1996, plaintiff Frank M. Hopps, an employee of third-party defendant, Kraft Foods, Inc., was operating a forklift owned by defendant and leased to Kraft for use at Kraft's warehouse when, according to Hopps, it suddenly shifted into high gear and jerked sideways into a storage rack. The collision dislodged materials which toppled onto the overhead guard of the forklift above Hopps causing it to collapse, allegedly resulting in his injury....

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