LEMMON, Judge.
In this tort action plaintiff, who was injured when he fell through a hole in a scaffold while working on a building construction site for B. E. King & Sons, Inc., a plastering sub-contractor, sought to recover damages against defendant B & R Masonry Company, Inc., the masonry sub-contractor who owned the scaffold. Plaintiff's suit was dismissed after a trial on the merits on the basis that "plaintiff has failed to prove, by any preponderance...
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