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Strouse v. United Parcel Service

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 993 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Judgment of Supreme Court, Oneida County, Ringrose, J. — Negligence.

PRESENT: PINE, J. P., WISNER, BALIO AND LAWTON, JJ.


Judgment unanimously affirmed without costs.

Memorandum:

Plaintiffs appeal from a judgment entered in favor of defendant upon a jury verdict of no cause of action. Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Richard A. Strouse (plaintiff) when he moved a heavy box from a counter scale to a floor scale at the direction of defendant's employee at the United Parcel Service Customer Service Center in New Hartford. Plaintiffs failed to preserve for our review their contention that this Court's prior denial of defendant's motion for summary judgment ( Strouse v. United Parcel Serv., 245 A.D.2d 1117) is the law of the case and limits the admissibility of evidence at trial. In any event, that contention is without merit ( see, Banque Indosuez v. Sopwith Holdings Corp., 257 A.D.2d 519, 520, lv denied 93 N.Y.2d 806). "The order denying summary judgment * * * established only that the motion papers indicated that there were triable issues of fact" ( Caster v. Increda-Meal [appeal No. 2], 238 A.D.2d 917, 919). Contrary to plaintiffs' contention, Supreme Court properly instructed the jury on the issue of foreseeability ( see, PJI 2:12). We also reject plaintiffs' contention that the verdict is against the weight of the evidence. Based upon the proof adduced at trial, the jury could rationally conclude that defendant's employee reasonably believed that plaintiff could move the box without assistance ( see, Riggio v. New Creation Fellowship of Buffalo, 249 A.D.2d 942). Plaintiffs' remaining contention is without merit.


Summaries of

Strouse v. United Parcel Service

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 993 (N.Y. App. Div. 2000)
Case details for

Strouse v. United Parcel Service

Case Details

Full title:RICHARD A. STROUSE AND TERRY L. STROUSE, PLAINTIFFS-APPELLANTS, v. UNITED…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 13, 2000

Citations

277 A.D.2d 993 (N.Y. App. Div. 2000)
716 N.Y.S.2d 521

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