La Manna v. Colucci

Mahoney, P. J., and Kane, J.,

dissent and vote to reverse in a memorandum by Kane, J. Kane, J. (dissenting). In our view, the judgment appealed from should be reversed and a new trial granted. There is ample evidence in this record for a jury to find negligence on the part of Stewart-Scott which was a proximate cause of this accident. The testimony of Brian Mitchell, an employee of Colucci, established that employees of Stewart-Scott selected the method by which the 20-foot I-beam was affixed to the trailer. They also applied the wraparound technique in securing the beam with a chain and…