LOUIS DESHARNAIS v. JEFFERSON CONCRETE COMPANY, INC.


35 A.D.3d 1059 (2006)

827 N.Y.S.2d 312

JEAN LOUIS DESHARNAIS et al., Appellants, v. JEFFERSON CONCRETE COMPANY, INC., Respondent.

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

Decided December 21, 2006.


Kane, J.

Defendant delivered a three-piece septic tank to a residence in Franklin County. Plaintiff Jean Louis Desharnais (hereinafter plaintiff) was present on the property as a consulting engineer. Defendant's employee was releasing the chains attached to the second part of the septic tank when, as a result of a broken nut, a lifting mechanism attached to defendant's truck (hereinafter the spreader bar) swung loose and hit plaintiff. As a result of injuries he sustained...

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