SCHILD v. KINGSLEY


5 A.D.3d 103 (2004)

773 N.Y.S.2d 20

DONALD L. SCHILD, Appellant, v. ANKRAH T. KINGSLEY et al., Defendants, and AARON E. WRIGHTON et al., Respondents. DONALD L. SCHILD, Respondent, v. ANKRAH T. KINGSLEY et al., Defendants, and AARON E. WRIGHTON et al., Appellants.

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

March 2, 2004.


Plaintiff's decedent was killed while crossing an intersection on foot. A truck, driven and owned by Wrighton and Mendon Leasing, respectively, was on one side of the street. A taxi, driven, leased and owned by the respective remaining defendants, drove past the truck and hit the decedent. There was competent evidence that the taxi driver may have revved his engine and may have blown his horn before impact, and that the truck driver heard the exclamation "Oh!" just before...

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