The record evidence, including the deposition testimony of the decedent's coworker and supervisor, as well as the decedent's consistent statements at a Social Security Administration hearing, and on a Workers' Compensation claim form, presents triable issues of fact as to the cause of the decedent's fall, and to the liability of defendants owner and construction manager. The decedent's challenged out-of-court statements, to the effect that he tripped over garbage on the floor...
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