Legal Opinion
Walton v. Lumbermens Mutual Casualty Co.
New York Court of Appeals
Decided June 5, 1996PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Plaintiff was injured while unloading a truck at a supermarket loading dock and sought no-fault benefits from defendant, the insurer of the truck. The sole issue before the Court is whether plaintiffs injuries arose out of the use or operation of the truck within the meaning of Insurance Law § 5102 (b). We hold that where a person’s injuries were produced by an instrumentality other than the vehicle itself, no-fault first-party benefits are not available.
Plaintiff William Walton was employed as a truck driver by Crowley Foods, Inc. On the day he was injured he…
2Cases cited15 opinions
- Montgomery v. DanielsNew York Court of Appeals · 1975
- Wagman v. American Fidelity & Casualty Co.New York Court of Appeals · 1952
- In re the Arbitration between Manhattan & Bronx Surface Transit Operating Authority & GholsonAppellate Division of the Supreme Court of the State of New York · 1979
- McConnell v. Fireman's Fund American InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
- United Services Automobile Ass'n v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Argentina v. Emery World Wide Delivery Corp.New York Court of Appeals · 1999
- East Acupuncture, P.C. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Zecca v. RiccardelliAppellate Division of the Supreme Court of the State of New York · 2002
- Eagle Insurance v. ButtsAppellate Division of the Supreme Court of the State of New York · 2000
- Westchester Medical Center v. Travelers Property Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
47 more not listed; retrieve them via the Exa API.