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