DiCHIARA v. A.J. McNULTY & CO., INC.


158 A.D.2d 366 (1990)

John DiChiara et al., Respondents, v. A.J. McNulty & Company, Inc., et al., Defendants, and American Hoist & Derrick Company, Appellant. (And Third-Party and Second Third-Party Actions.)

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

February 15, 1990


The plaintiff was a maintenance foreman and because of his lengthy experience, was knowledgeable about the operation of cranes. He was attempting to repair a cable on a crane which was not wrapping itself properly around the drum, but was bunching on one side. As he stood on the metal roof of the crane cab guiding the cable as it spooled on the drum, he lost his balance and fell toward the unprotected and exposed machinery. His hand became trapped between another cable and...

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