Legal Opinion

Doty v. Navistar International Transportation Corp.

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1996PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Wesley, J.

I

Phillip Doty, Jr. (Phillip) lost his left arm in a farm accident on October 17, 1981. Phillip, then nine years old, was sitting *36on the open grain bin of an International Harvester model 105 combine that his grandfather Maynard A. Elwell was using to harvest corn. At the time of the accident, the combine was stopped so that Mr. Elwell could check the moisture content of the grain. Mr. Elwell left the combine engine idling; the engine rotated a leveling auger extending across the middle of the grain bin. Mr. Elwell heard a noise and climbed back onto the combine,…

2Cases cited15 opinions

  1. Mirand v. City of New YorkNew York Court of Appeals · 1994
  2. Gordon v. Eastern Railway Supply, Inc.New York Court of Appeals · 1993
  3. Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
  4. Cover v. CohenNew York Court of Appeals · 1984
  5. Johnson v. Johnson Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1992

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3Cited by3 opinions

  1. Geressy v. Digital Equipment Corp.District Court, E.D. New York · 1997
  2. Smith v. Minster Machine Co.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Triple R Farm Partnership v. Iba, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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