Legal Opinion
Shumway v. Kelley
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 2013No. Appeal No. 2Published
1Opinion of the Court
*1093Appeal from a judgment of the Supreme Court, Genesee County (John M. Curran, J.), entered October 23, 2012. The judgment dismissed the complaint upon a jury verdict.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by David Shumway (plaintiff at work when defendant, plaintiffs coworker, collided with him. At trial, the jury concluded that defendant was acting within the course and scope of his employment at the time of the accident, thus rendering workers’…
2Cases cited9 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Maines v. Cronomer Valley Fire Dept., Inc.New York Court of Appeals · 1980
- Dannick v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1993
- Gerbino v. Tinseltown USAAppellate Division of the Supreme Court of the State of New York · 2004
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