Goldman v. Phantom Freight, Inc

Plaintiff appeals as of right from a directed verdict of no cause of action which was granted pursuant to defendant’s motion at the close of plaintiff’s proofs. Plaintiff filed a negligence and breach of warranty claim stemming from the death of Bruce Goldman who was killed while operating a forklift owned by defendant Phantom Freight, Incorporated. The forklift tipped over, crushing the decedent’s skull under the forklift’s overhead guard. Plaintiff’s complaint alleged that defendant was negligent in the following respects:

A. Furnishing a vehicle for use without ascertaining that it was safe…