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WOODBURN v. CONSOLIDATION COAL CO.

404 Pa.Super. 359 (1991)

590 A.2d 1273

Richard L. WOODBURN and Beatrice Woodburn, His Wife v. CONSOLIDATION COAL COMPANY; Industrial Resources, Inc., Mountaineer Resources Inc., Mohawk Construction & Supply Company, Inc., Plasteel Products Corporation, Hi-Lo Powered Scaffolding, Inc. v. PANTHER CONSTRUCTION COMPANY, a Corporation, James Gordon, Sr., James Gordon, Jr., and Jeffrey Gordon, Individually and t/d/b/a Panther Construction Company (Two Cases). Appeal of MOHAWK CONSTRUCTION & SUPPLY COMPANY, INC. Appeal of INDUSTRIAL RESOURCES, INC.

Superior Court of Pennsylvania.

Filed May 3, 1991.

Petition for Allowance of Appeal Denied October 17, 1991.

Attorney(s) appearing for the Case

Avrum Levicoff, Pittsburgh, for Mohawk Const., appellant (at 854) and appellee (at 1038).

John Fessler, Erie, for Indust. Resources, appellant (at 1038) and Thomas M. Lent, Erie, for Indust. Resources, appellee (at 854).

Before ROWLEY, President Judge, and DEL SOLE and MONTGOMERY, JJ.

DEL SOLE, Judge:

Appellee, Richard Woodburn, a sheeter employed by Western Avella Contracting Inc. (WACI), suffered severe injuries in a construction accident at a coal preparation plant owned by Consolidation Coal Company (Consol). He had been installing sheet metal siding approximately 80 feet off the ground on a scaffold supported by two power stirrups, one of which failed causing the scaffolding to fail. Mr...

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