During the course of a charity event, Patrick Funk was injured while unloading items from a UPS refrigerated trailer.
When he later filed suit, Funk claimed UPS was liable because there wasn't any lighting in the back of the truck and he hadn't been warned about a hazardous condition--a three-inch trough--in the vicinity of the vehicle's rear door.
After the Suffolk County Supreme Court denied a dismissal request, the Appellate Division, Second Department, got the case.
The AD2 opted to reverse and dismiss the litigation because Funk admitted he saw the trough (without the aid of artificial lighting) and UPS's "failure to warn" wasn't seen as the cause of the guy's injuries.
They sure delivered that.
To view a copy of the Appellate Division's decision, please use this link: Funk v. United Parcel Ser., Inc.