Legal Opinion
Di Bernardo v. Heimroth
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1977PublishedCited by 3 opinions
1Opinion of the CourtMahoney, J.
On September 5, 1973 plaintiffs intestate was an employee of the third-party defendant Barnwell Nursing Home, Inc. The third-party defendant employer was using a truck rented from the defendant for the purpose of removing logs, brush and other debris from an area of its property it intended to pave over for parking. With the truck overloaded and with third-party defendant Van Kampen, a coemployee of plaintiffs intestate, driving, the deceased, who was riding on the load immediately to the rear and above the truck cab, was caused to fall to the roadway when the unsecured load shifted. He…
2Cases cited6 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Kelly v. Long Island Lighting Co.New York Court of Appeals · 1972
- Naso v. LafataNew York Court of Appeals · 1958
- Rauch v. JonesNew York Court of Appeals · 1958
- Bellefeuille v. City & County Savings BankAppellate Division of the Supreme Court of the State of New York · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Liss v. Trans Auto Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Albany Truck Rental Service, Inc. v. New Hampshire Merchants InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Di Bernardo v. HeimrothAppellate Division of the Supreme Court of the State of New York · 1979