MALLERET v. FEDERAL EXPRESS CORP.

8414, 106300/09.

100 A.D.3d 567 (2012)

957 N.Y.S.2d 10

2012 NY Slip Op 8226

SOPHIE MALLERET, Appellant, v. FEDERAL EXPRESS CORPORATION et al., Respondents, et al., Defendant. (And a Third-Party Action.)

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

November 29, 2012.


On February 8, 2008, plaintiff pedestrian sustained injuries, including head trauma, as a result of being struck by defendants' truck. Subsequently, on March 29, 2008, plaintiff was again injured when, while visiting an art gallery, she became dizzy and fell from a seven-foot-high loft to the concrete floor below. The record shows that after being struck by defendants' vehicle, but prior to the March 2008 incident, plaintiff had suffered episodes of dizziness and disorientation...

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