Garcia v. AST Wholesale Florist Inc.

OPINION OF THE COURT

Order, entered March 28, 2006, affirmed, with $10 costs. Appeal from order, entered July 7, 2006, dismissed, without costs, as academic.

Plaintiff seeks to recover damages for personal injuries sustained when he fell from the rear “step” of defendant’s flower truck. The record shows that the truck was used by defendant, a wholesale supplier, to deliver flowers to local merchants. Attached to the rear of the truck was a steel bar or “step,” which was approximately 18 inches above the ground and an additional 18 inches below the door. In his deposition testimony, plaintiff…