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DELCOTTO v. KENWORTH TRUCKING CO.

No. 91 Civ. 2070 (VLB).

870 F.Supp. 539 (1994)

Richard T. DELCOTTO and Catherine Delcotto, Plaintiffs, v. KENWORTH TRUCKING CO., Kenworth Trucking Co., a Division of Paccar, Inc., Paccar Inc. and R & S Truck Body Company, Inc., Defendants. PACCAR, INC., Third Party Plaintiff, v. E. TETZ & SONS, INC., Third Party Defendant.

United States District Court, S.D. New York.

December 12, 1994.

Attorney(s) appearing for the Case

Andrew L. Spitz, Finkelstein, Levine, Newburgh, NY, for plaintiffs.

Thomas M. Lopez, Esanu Katsky, New York City, for defendant Paccar.

Jones, Hirsch, New York City, for defendant R & S.

Beesecker & Koors, Tarrytown, NY, for third party defendant Tetz.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This personal injury diversity of citizenship case involves an injury to an employee allegedly contributed to by absence of safety devices on a dump truck.

Defendant Paccar, Inc., the manufacturer of the underlying vehicle body, moves for summary judgment on the ground that it was not its responsibility to install safety devices necessary for a dump truck where it did not deliver...

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