Fourtounis v. MJB Service Station, Inc.

OPINION OF THE COURT

Martin Schneier, J.

*1138The primary issue presented here is whether the plaintiff had assumed the risk of injury and was the sole proximate cause of his accident when, in a service station, in order to clean his windshield, he stood on the mechanical lift on which his taxicab was positioned to have its oil changed, and was speaking to his wife on his cell phone when the mechanic raised the lift. Plaintiff finished his telephone conversation, stepped back and fell down causing his injury. Plaintiff did not know that the lift had been raised. The mechanic was unaware that…