ROSADA v. MENDON TRUCK RENTALS, INC.

4382. 305906/13.

151 A.D.3d 652 (2017)

2017 NY Slip Op 05314

54 N.Y.S.3d 579

HECTOR M. ROSADA, Appellant, v. MENDON TRUCK RENTALS, INC., et al., Respondents.

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

Decided June 29, 2017.


Plaintiff, a truck driver, commenced this action to recover for personal injuries he allegedly sustained as a result of the gap between the tailgate and the liftgate and the sloped angle of the liftgate of a truck owned and rented to his employer by defendants. Plaintiff testified that the wheel of a pallet jack loaded with an 800-pound boiler became caught in the gap and that when he maneuvered it free, the jack began rolling on the sloped liftgate, causing him to fall....

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