On September 5, 1989, plaintiff Robert Tooher (hereinafter plaintiff) sustained the injuries forming the basis for this action when he fell into a trench (40 feet long, 15 feet wide and 10 to 15 feet deep) constructed as part of a project to clean and repair underground water mains in New York City. In order to maintain the integrity of the excavation, the sides of the trench were shored with three-inch oak planks. Two sets of horizontal 20...
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