Legal Opinion · Dissent
Walker v. First Transit, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 5, 2006Published
1Dissent
Goldstein, J. (dissenting and voting to affirm the order appealed from, with the following memorandum):
The plaintiff Bruce A. Walker (hereinafter the injured plaintiff), a delivery driver for Airborne Express, was injured when a gust of wind caused one of the rear doors of his delivery van to swing shut, hitting him in the head. The “safety arm bar” and straps which constituted standard equipment in this van to keep the rear doors from swinging, had been removed. The injured plaintiff testified at his deposition that the defendants, who were Airborne Express’s on-site mechanics, removed the…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- Church v. Callanan Industries, Inc.New York Court of Appeals · 2002
- Liriano v. Hobart Corp.New York Court of Appeals · 1998
- Gee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
2 more not listed; retrieve them via the Exa API.