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CLARKE v. AMERICAN TRUCK & TRAILER, INC.

8625, 310675/11.

171 A.D.3d 405 (2019)

97 N.Y.S.3d 105

2019 NY Slip Op 02448

Darnley Clarke, Appellant, v. American Truck and Trailer, Inc., et al., Defendants, and National Freight, Inc., Respondent.

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

Decided April 2, 2019.

This is an action for personal injuries arising from a motor vehicle accident. Plaintiff, a truck driver, alleges that employees of defendant National Freight, Inc. negligently loaded his trailer with codefendant Ocean Spray Cranberry, Inc.'s products, placing more goods onto it than it was designed to carry. Plaintiff further alleges that this caused the trailer to buckle and break apart, as a result of which he lost control of his vehicle and it crashed into a concrete...

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