(Download) "John Guadagno" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: John Guadagno
- Author : Supreme Court of New York
- Release Date : January 15, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Order unanimously affirmed with costs. contd [EDIT ] Memorandum: Plaintiff, a policeman, was allegedly injured by exposure
to methyl chloride in connection with a train derailment in the Town of Hamburg on October 31, 1981. He supervised evacuation
in the morning and was present as a liaison with the cleanup crew later in the day. During an attempt to stabilize a derailed
tank car, the car fell to the ground, releasing methyl chloride. Supreme Court correctly denied defendants' motion for summary judgment contd [EDIT ] dismissing the complaint. While Santangelo
v State of New York (71 N.Y.2d 393) bars a claim for negligence in causing the derailment, it does not preclude a claim for
negligently failing to warn plaintiff of the hazard (see, Benjamin v Sodus Cold Stor. Co., 149 A.D.2d 937). With respect to
the hazard caused by dropping the car, the Fireman's Rule is inapplicable because that alleged negligence was not the reason
plaintiff was on the scene.
 "John Guadagno" by Supreme Court of New York " Book PDF Kindle ePub Free){kind=link}