Rivers v. Garden Way, Inc.

OPINION OF THE COURT

Peters, J.

Plaintiff, a tractor-trailer driver employed by third-party defendant Edgcomb Metals Company, was injured while attempting to make a delivery to defendant’s factory in the Town of Waterford, Saratoga County. Upon arrival, plaintiff backed his tractor-trailer into a loading dock assigned to him by one of defendant’s employees, climbed onto the flatbed of the tractor-trailer and readied his cargo to be unloaded by defendant’s forklift operator. According to plaintiff, while waiting for defendant’s employee to arrive, he used a crowbar to better position the pallets…