Small v. Keneston

Plaintiff volunteered to help friends transport a motorcycle by use of a box truck. Because the truck’s cab seated only two passengers, plaintiff and one other person elected to ride in the cargo area. At a red light, plaintiff stood up to retrieve his jacket and when the truck started forward again, he was thrown and cut his arm on the wheel well, suffering a lacerated ulnar nerve requiring surgical repair. He thereafter commenced this action against, as relevant here, defendant Utilimaster Corporation, manufacturer of the cargo box portion of the truck. He asserted claims in negligence,…