So, if one side had been locked, this gate could not have fallen off? A. If I got one side in, I couldn't get it out. Yes, counsel, I think that if either had been I couldn't pull it out at the time. Snyder, it is your opinion that the reason that the tailgate fell off of the trailer was because neither of the locking pins had been locked, is that correct? A. Snyder, an expert called by appellant, testified in pertinent part:
![rentmaster application rentmaster application](https://hcr.ny.gov/sites/g/files/oee756/files/styles/mobile_lead/public/media/2018/08/complaint-process.jpg)
"If he would have stayed in the lane he was in, I would have all day to go out there and get it and get back." It is admitted Meeker did not own the service station at the time of the accident, and had had no contact with appellant, or was he in any way connected with the transaction between appellant and Lapshansky.Īppellant testified: No evidence presented by appellant showed that the particular trailer here involved was at the service station at the time Lapshansky purchased the station, or that Meeker had made any warranties as to it or any of the other trailers or at any time prior to its rental to appellant, Meeker knew of any defect in it. After Meeker sold the service station, Rentmaster continued to leave its trailer and trailer rental agreement forms at the service station and Lapshansky and his employees rented the trailers and used the forms. Rentmaster did not know of the sale from Meeker to Lapshansky and had not, at the time of the accident, transferred the lease.
![rentmaster application rentmaster application](https://docplayer.net/docs-images/50/15645935/images/page_18.jpg)
When Meeker sold the service station to Lapshansky, he had promised as part of the deal, to arrange transfer of his lease covering trailers with Rentmaster. During the time Meeker owned the service station, Meeker had various agreements with Rentmaster pursuant to which Rentmaster provided the service station with trailers and rental forms to enable Meeker to rent the trailers to the public. The uncontradicted evidence shows that respondent Meeker had sold the service station to Lapshansky six days before. The other defendants moved for and each was respectively granted a nonsuit.
RENTMASTER APPLICATION DRIVER
Appellant brought this action for damages against the driver of the auto (Egger) and the driver's employer and in addition, Lapshansky, Robert Meeker, and Rentmaster, as a corporation and as a limited partnership and all of the partners of Rentmaster (Rentmaster).Īppellant settled with Egger and Egger's employer during the trial. He was hospitalized approximately 30 days. He was knocked over into a position between lanes two and three and suffered fractures of hip, shoulder and hand. At the time of the impact, he was on the gravel shoulder, about 4 feet off lane three holding the tailgate. Returning to the gravel shoulder, he heard noise, looked back and the auto which he had observed in lane one, struck him. He calculated he could safely retrieve the tailgate and jogged out and back toward the shoulder with the retrieved tailgate in approximately 10 to 12 seconds. The auto in question was in his opinion proceeding approximately 50 miles an hour 200 feet south of where he stood. He stood on the shoulder until, except for one auto in lane one (fast) traffic had cleared. Appellant stopped his car on the gravel shoulder of the freeway and walked south on the gravel shoulder until opposite the fallen tailgate approximately 18 feet away. Within one-half hour thereafter, driving north in the third lane on a three-lane divided highway of the Long Beach Freeway, the tailgate of the trailer fell off and came to rest between the second and third lane of the highway.
![rentmaster application rentmaster application](https://img.informer.com/screenshots/1243/1243177_3.jpg)
He signed the form rental receipt and drove off. Appellant made no inspection of the attachment.
![rentmaster application rentmaster application](https://s.getwinpcsoft.com/screenshots/4482/4482434_3.jpg)
Lapshansky operated a service station which he had purchased six days before from Robert Meeker, The trailer was attached to his auto by an employee of Lapshansky. Klopfenstein, plaintiff and appellant, rented a trailer from defendant and respondent, Steve Lapshansky. Kappler, Cushman & Grover, Thomas Hunter Russell and Leslie B. Ford for Plaintiff and Appellant.īrill, Hunt, DeBuys & Burby, Henry E. KLOPFENSTEIN, Plaintiff and Appellant, v.