BLOOMER v. EMPIRE FORKLIFT, INC.


46 A.D.3d 1324 (2007)

850 N.Y.S.2d 224

JAMES BLOOMER, Appellant, v. EMPIRE FORKLIFT, INC., Respondent.

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

Decided December 27, 2007.


Lahtinen, J.

Plaintiff was employed as a forklift operator at a building supply company and, on December 20, 2001, he grabbed the back of a forklift's seat to assist in climbing into the seat. The seat allegedly came off the forklift causing plaintiff to fall. He did not seek medical care and he missed no work until February 2002, when, on February 10, 2002, his back reportedly "locked" as he woke up from sleep. He subsequently commenced this action against defendant...

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