Rondeau v. Georgia Pacific Corp.

29 A.D.3d 1066, 814 N.Y.S.2d 775
Appellate Division of the Supreme Court of the State of New York·Decided May 4, 2006·Published·Cited by 13 cases

Opinion

Spain, J.

Appeal from an order of the Supreme Court (Nolan, Jr., J.), entered October 12, 2005 in Saratoga County, which denied defendant’s motion for summary judgment dismissing the complaint.

In August 2000, defendant, a manufacturer of plywood, loaded 1,992 pieces of three-quarter-inch tongue and groove plywood, which had been divided into 41 Vs units, into a freight car in North Carolina for delivery to Curtis Lumber in the Village of Ballston Spa, Saratoga County. The railcar was then sealed and transported, arriving six days later in Ballston Spa, where a Curtis Lumber employee broke the seal of the car and proceeded to unload six units of plywood from the doorway area with a forklift. That employee ended his shift at around 4:30 p.m., placed a chain across the open doorway of the car, removed the loading dock plate and left work for the day. Shortly thereafter and prior to 5:00 p.m., plaintiff, also a Curtis Lumber employee, entered the car reportedly to search for dunnage—the junk [1067]*1067materials packed in between units of plywood to secure and protect the material for transport by rail—because he needed a piece of plywood to cover merchandise he intended to load on a truck to be delivered to a Curtis Lumber customer the next day. Plaintiff does not recall seeing a chain across the open door. As soon as plaintiff entered, he noticed some unsecured plywood precariously perched overhead and immediately turned to exit the car. The plywood then fell, hitting him in the back and ejecting him from the car, causing injury.

Plaintiff commenced this action alleging that defendant negligently loaded and packaged the plywood.

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Rondeau v. Georgia Pacific Corp., 29 A.D.3d 1066, 814 N.Y.S.2d 775 (N.Y. Ct. App. 2006).

29 A.D.3d 1066 (Rondeau v. Georgia Pacific Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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