(DOWNLOAD) "Sebring v. Wheatfield Properties Co." by Appellate Division, Fourth Department, New York Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Sebring v. Wheatfield Properties Co.
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff, a dump truck driver employed by third-party defendant Mawhiney Trucking, Inc. commenced this action to recover damages for personal injuries he sustained in a work-related accident. Plaintiff backed his truck down an earthen ramp at a clay pit owned by defendant Wheatfield Properties Co. (Wheatfield), to the location where the truck was to be loaded with clay by employees of defendant SLC Consultants/Constructors, Inc. (SLC). In leaving his truck, plaintiff stepped down three steps of the truck and expected that the fourth step would place him on the edge of the ramp. Instead, he fell four or five feet into the clay pit. His second amended complaint alleges only two causes of action: common-law negligence and the violation of Labor Law ç241 (6). The bill of particulars, however, refers to violations of Labor Law çç 200 and 240 (1) in addition to Labor Law ç 241 (6). After issue was joined, plaintiff moved for summary judgment on the issue of liability under all three Labor Law sections. Wheatfield cross-moved for summary judgment dismissing the Labor Law ç241 (6) cause of action and the Labor Law çç 200 and 240 (1) claims. SLC cross-moved for summary judgment dismissing the Labor Law ç240 (1) claim and ç241 (6) cause of action.