COLELLA v. SAFWAY STEEL PRODUCTS


201 N.J. Super. 588 (1985)

493 A.2d 634

CARL COSTA COLELLA AND DIANE COLELLA, HIS WIFE, PLAINTIFFS, v. SAFWAY STEEL PRODUCTS, SCAFFOLDING AND SHORING INSTITUTE AND THOMAS ASSOCIATES, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided February 6, 1985.


Attorney(s) appearing for the Case

Robert W. Delventhal for plaintiffs (Crummy, DelDeo, Dolan, Griffinger and Vecchione, attorneys).

Robert T. Hueston for defendant Safway Steel Products (Hueston, Hueston and Sheehan, attorneys).

William R. Bumgardner for defendants Scaffolding and Shoring Institute and Thomas Associates, Inc. (Bumgardner, Hardin and Ellis, attorneys).


GRIFFIN, J.S.C.

The issue before the court is whether the defense of comparative negligence can be raised when a worker chooses not to use a separate ladder to climb and descend scaffolding erected at the work site or to use the portion of the end frame constructed as a ladder. The court concludes that under these circumstances the defense should be submitted to the jury.

Charles Costa Colella was employed as a pipefitter by E.I. Dupont de Nemours Co. at its...

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