Archive: November 27, 2007

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Jury to Decide Whether Falling Debris was Foreseeable at Construction Site

Jury to Decide Whether Falling Debris was Foreseeable at Construction Site

Amerson v. Melito Constr. Corp., 845 N.Y.S.2d 457 (N.Y. App. Div. 2007)

In this case, the Second Department reversed a finding of summary judgment concerning an alleged violation of Labor Law § 241(6).  Plaintiff, a masonry subcontractor, was injured while performing his duties at the construction site when a concrete block fell on his head.  At the time he was injured, plaintiff was wearing a hard hart and had various pieces of equipment, including a chipping hammer, scraper, shovel and wheelbarrow, in his possession as needed to perform his work. Read More

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