Pollock v. Rapid Industrial Plastics Co.

Weinstein, J. (dissenting).

At issue here is the propriety of Trial Term’s dismissal of the complaint at the close of testimony.

On December 1, 1975, plaintiff was injured when he was struck from behind by a detached truck tire mounted on a rim while he was standing on an entrance ramp adjacent to the Bruckner Expressway after a minor vehicular accident. Plaintiff neither saw where the tire had come from nor realized what hit him. Mrs. Pollock first observed the tire rapidly rolling along the ground when it was some five feet away from her husband.

The record is utterly devoid of any explanation…