Bengar v. Clark Equipment Co.

On September 27, 1979, the plaintiff Scott Bengar sustained personal injuries when the forklift vehicle (forklift) he was operating rolled over. In December, 1979, the plaintiffs commenced an action against both the owner and the operator of a motor vehicle alleging that the negligent operation of that vehicle caused Bengar to swerve the forklift in order to avoid a collision, which in turn caused the forklift to tip over. On March 29, 1985, a Middlesex County jury returned a special verdict for the defendants, finding that the defendant operator of the motor vehicle was not negligent. A…