Summary
finding loading dock owner not covered under truck owner's automobile policy for death of truck driver while loading truck because "[t]o construe the maintenance of the loading platform as a `use of the automobile' in unloading would be to extend automobile liability coverage to negligence occurring prior to the arrival of a truck, that is, failing to remove dunnage from proximity to the open stairwell, and to a nuisance grounded in negligence, that is, the stairwell without guardrail"
Summary of this case from Kennedy v. Jefferson Smurfit Co.Opinion
Argued February 13, 1969 —
Decided February 26, 1969.
Appeal from Superior Court, Chancery Division
Before Judges SULLIVAN, FOLEY and LEWIS.
Mr. Richard J. Badolato argued the cause for plaintiffs-appellants ( Messrs. Schneider Morgan, attorneys).
Sonia Napolitano argued the cause for defendant-respondent ( Messrs. Pindar, McElroy, Connell Foley, attorneys).
The judgment herein is affirmed substantially for the reasons given by Judge Furman in his opinion. In addition, we conclude that Sapolin Paints was not using the vehicle at the time of the accident in question and, therefore, was not an additional insured under Employers' policy.
Affirmed.