PRITCHARD v. MURRAY WALTER, INC.


157 A.D.2d 1012 (1990)

Arlene Pritchard, Individually and as Administratrix of The Estate of Walter J. Pritchard, Deceased, Respondent, v. Murray Walter, Inc., Appellant and Third-Party Plaintiff-Appellant-Respondent. Bill Gargano, Inc., Third-Party Defendant-Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 25, 1990


Harvey, J.

Plaintiff's decedent sustained fatal injuries on May 17, 1985 when he fell over 30 feet to the ground through the floor of a scaffold that he was in the process of dismantling. Although the accident was unwitnessed, it appears that it occurred when decedent removed a section of the plywood scaffold flooring and then stepped into the resulting opening. It is undisputed that, aside from the scaffold decedent was working on, no other safety rails...

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