DeHaven Obtains Dismissal on Behalf of U.S. Industries
June 9, 2017 |George DeHaven obtained dismissal on behalf of client, U.S. Industries. Plaintiff is a long-haul truck driver booked through a trucking broker to pick up rolls of rubber roofing material from our client in Michigan, and deliver them to the codefendant’s warehouse in Brooklyn. He was injured when he attempted to assist the unloading process and fell from the back of his flatbed truck. The rolls were 10’ long and 12” in diameter, and were unloaded by rolling them off the side of the flatbed. He claimed that the manner in which the rolls were unloaded was hazardous and negligent. The judge agreed with George’s arguments that in the absence of any authority to maintain or control the codefendant’s premises, or to direct, supervise or control the unloading process, U.S. Industries had no duty of care with respect to any allegedly unsafe practice or condition at the premises, or the manner, means or methods utilized by the codefendant to unload the U.S. Industries product. Accordingly, the judge granted our client’s motion for summary judgment dismissing all claims and cross-claims against it.
