Papa v. Kilroy

Appeal from a judgment of the Supreme Court (Dawson, J.), entered March 3, 2005 in Clinton County, upon a verdict rendered in favor of plaintiffs.

Plaintiff Marc A. Papa (hereinafter plaintiff), while traveling westerly on Hardscrabble Road, a two-lane highway in the Town of Saranac, Clinton County, stopped when he discovered that the tailgate of his pickup truck had opened allowing tools and materials to fall into the road. A coworker stopped approximately 50 to 60 feet behind him to assist in retrieving the items. In the process, plaintiff noticed that sheetrock screws and staples had…