Guerra v. Fuez

— Casey, J.

Appeal from a judgment of the Supreme Court (Lomanto, J.), entered November 17, 1987 in Schenectady County, upon a verdict rendered in favor of plaintiff Michael V. Guerra.

Plaintiffs sued to recover damages, sustained due to an injury to plaintiff Michael V. Guerra (hereinafter plaintiff) on April 10, 1981 at about 9:45 a.m. on United States Route 20 in the Town of Duanesburg, Schenectady County, when a motor vehicle owned and operated by defendant struck plaintiff, who was at the time a flagman on a road crew working there. Plaintiff either tripped or was pushed to the ground by…