Palmateer v. Whitcavitch

Appeal from a judgment and amended judgment of the Supreme Court (Best, J.), entered June 30, 1997, upon a verdict rendered in favor of plaintiff.

Plaintiff commenced this action seeking to recover for the injuries he sustained on July 24, 1994 when he fell from a hay wagon. At the time of the accident, defendant and his son, Bruce Whitcavitch, Jr. (hereinafter Whitcavitch), were haying a field owned by Lyman Avery and located in the Town of Johnstown, Fulton County; defendant was operating the tractor which, in turn, was pulling the baler and, to the rear of that, the hay wagon from which…