McALLISTER v. RAYMOND CORPORATION


36 A.D.3d 768 (2007)

827 N.Y.S.2d 705

WILLIAM McALLISTER, Respondent, v. RAYMOND CORPORATION et al., Appellants.

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

Decided January 23, 2007.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The plaintiff William McAllister was injured while attempting to drive a forklift measuring 118 inches in height through a doorway measuring only 108 inches in height, causing the 1,700 pound industrial battery he was transporting to roll onto and crush his right leg and foot. The forklift was manufactured by the defendant...

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