Legal Opinion · Dissent
Duncan Petroleum Transport, Inc. v. Aetna Insurance
Appellate Division of the Supreme Court of the State of New York
Decided August 29, 1983Published
1Dissent
Gibbons, J.,
dissents and votes to modify the judgment appealed from, with the following memorandum: On April 28,1976, William H. Shine and Charles W. Rittenhouse, two employees of Five Boro Fuel Transport, Inc., were critically injured in an explosion while pumping gasoline from a trailer owned by Duncan Petroleum Transport, Inc. (hereinafter Duncan), into a trailer *944owned by Five Boro Fuel Transport, Inc. Subsequently, both men died as a result of the injuries suffered in the explosion. Suits were brought to recover for wrongful death and conscious pain and suffering, etc., against various…
2Cases cited9 opinions
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
- Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
- Sincoff v. Liberty Mutual Fire InsuranceNew York Court of Appeals · 1962
- Lionel Freedman, Inc. v. Glens Falls InsuranceNew York Court of Appeals · 1971
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