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Plaintiff was a 63 year old male, who, when he heard the garbage truck in the area of his house, determined to carry trash from his upstairs home office to the trash area. Defendants argued that Plaintiff saw the trash truck leaving the area in front of his house and that plaintiff then ran along next to the truck in an effort to deposit his trash bag into the right side opening of the side loading trash truck. Plaintiff contended that defendant failed to look in his mirrors to see that Plaintiff was along side the truck when defendant began to pull away from the curb. Plaintiff suffered a fractured arm and finger, and a degloving injury to his side and buttocks which required plastic surgery.
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