McGrath v. George Weston Bakeries, Inc.

Peters, EJ.

Appeal from an order of the Supreme Court (Muller, J.), entered June 18, 2013 in Clinton County, which, among other things, denied defendants’ motion for summary judgment dismissing the complaint.

Plaintiff Thomas McGrath (hereinafter plaintiff), a tractor trailer driver employed by Penske Logistics, was responsible for transporting bread products between defendants’ facilities in various locations throughout upstate New York. Defendants’ employees placed the bread on “interlocking” plastic trays, stacked them 15 high on wheeled dollies and loaded them onto trailers for transport.…