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BERKAN v. PENSKE TRUCK LEASING CANADA, INC.

Nos. 06-CV-6150L, 06-CV-6151L, 06-CV-6152L.

535 F.Supp.2d 341 (2008)

Mary BERKAN, Individually and as the Executrix, Plaintiff, v. PENSKE TRUCK LEASING CANADA, INC., et al., Defendants. Helen Petrolawicz, Administrator of the Estate of Vincent John Petrolawicz, Jr., a/k/a Vincent J. Petrolawicz, Jr., Plaintiff, v. P & W Intermodal, Inc., et al., Defendants. Robert Schmidt, Plaintiff, v. P & W Intermodal, Inc., et al., Defendants.

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

February 19, 2008.

Attorney(s) appearing for the Case

Jacob P. Welch, Corning, NY, Howard Rothenberg, Scranton, PA, Mark S. Nunn, Fitzsimmons, Nunn, Fitzsimmons & Plukas LLP, Rochester, NY, for Plaintiffs.

Susan Eberle, Brown & Tarantino, LLP, Buffalo, NY, Brian Del Gatto, Joseph Michael Solimene, Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiffs, an individual Injured in a motor vehicle accident and administrators of the estates of two of his companions who were killed as a result of the same collision, commenced these actions for personal injury, wrongful death and negligence. The accident took place on June 30, 2004, when a tractor trailer leased by defendant P & W Intermodal, Inc. ("P & W") from defendant Penske Truck...

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