GONZALEZ v. WHITNEY TRUCKING, INC.


11 A.D.3d 382 (2004)

783 N.Y.S.2d 558

EMMANUEL GONZALEZ et al., Respondents, v. WHITNEY TRUCKING, INC., et al., Appellants, et al., Defendants.

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

October 26, 2004.


According to plaintiff, he was injured when, while directing the filling of one of appellants' dump trucks from a platform on the edge of the truck's container, he fell into the container. In his deposition testimony and affidavit in opposition, plaintiff consistently attributes his fall to negligence in the operation of the dump truck, which plaintiff states was set in motion while he was perched on the truck's platform, causing him to lose his balance. While appellants...

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