Blaszyk v. Eastern Auto Forwarding Co.

CLARK, Circuit Judge.

One wintry night on a snow-blanketed, three-lane highway between Geneva and Canandaigua, New York, a truck, owned by the Transport Carrier Service, Inc., and operated for Eastern Auto Forwarding Company, Inc., by Dominick Zummo, suddenly swerved into the right of way of an oncoming truck, operated by Robert Blaszyk. There was a devastating collision, both drivers were killed, and John F. Klosterman, a sleeping shift driver in Blaszyk’s truck, was- seriously injured. Klosterman and the administratrix of the estate of Robert Blaszyk instituted negligence actions against the…