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ZIDO v. WERNER ENTERPRISES, INC.

No. 1:05-CV-1128(LEK/RFT).

498 F.Supp.2d 512 (2006)

James ZIDO, Individually and as Husband and Wife; Jolene Zido, Individually and as Husband and Wife, Plaintiffs, v. WERNER ENTERPRISES, INC.; Martha R. Goodwin, Defendants.

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

August 21, 2006.

Attorney(s) appearing for the Case

Thomas E. Delorenzo, Delorenzo Law Firm, Schenectady, NY, for Plaintiffs.

Jeffrey A. Segal, Rawle, Henderson Law Firm, New York City, for Defendants.

MEMORANDUM-DECISION AND ORDER1

KAHN, District Judge.

I. Background

This action arises out of a motor vehicle-pedestrian accident that took place in the Town of Rotterdam, Schenectady County, on March 13, 2004. Plaintiff James Zido ("Plaintiff') was allegedly standing by the guard shack at the entrance road to Rotterdam Industrial Park on the morning of March 13th, when he was struck by a vehicle (freight...

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