OLMSTED v. PIZZA HUT OF AMERICA, INC.

510025.

81 A.D.3d 1223 (2011)

917 N.Y.S.2d 742

TERRY L. OLMSTED, Appellant, v. PIZZA HUT OF AMERICA, INC., Respondent.

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

Decided February 24, 2011.


ROSE, J.

Plaintiff received an electrical shock in the course of her employment at defendant's premises in 1999. She then commenced this action in 2002, seeking to recover damages for her alleged injuries. In 2008, Supreme Court (Garry, J.) found that defendant had willfully failed to produce any witness who had knowledge of the electrical system and its installation. The court then resolved the issue of liability in plaintiff's favor by striking the relevant portions...

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