On November 30, 1992, plaintiff Eric Ferguson (hereinafter plaintiff) and his supervisor drove a dump truck to defendant's facility in order to pick up a load of asphalt for their employer, the Town of Colonie. On that particular day, defendant's "spray station", which permitted workers to spray a solution of soapy water into the truck box from an elevated platform, was not working. Accordingly, plaintiff's supervisor directed him to climb...
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