Dumas v. Shafer

Appeal from an order of the Supreme Court (Hester, Jr., J.), entered February 14, 2003 in Broome County, which granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiff commenced this action to recover for injuries he sustained on December 23, 2000, when the farm tractor he was riding was stuck by a motor vehicle owned by defendant Joan A. Allis and operated by defendant Corey A. Shafer (hereinafter defendant). At the time of the accident, plaintiff was in the process of towing a tree across a two-lane public highway at approximately 5:15 in the evening. As plaintiffs…