FRIOT v. WAL-MART STORES, INC.


240 A.D.2d 890 (1997)

659 N.Y.S.2d 126

Anthony Friot, Appellant-Respondent, v. Wal-Mart Stores, Inc., Respondent, and Pike Company, Inc., Respondent-Appellant

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

June 19, 1997


Carpinello, J.

Plaintiff's employer was hired as a subcontractor by defendant Pike Company, Inc. to complete all earthwork, including site preparation, on a construction project for defendant Wal-Mart Stores, Inc. The project involved relocating a large mound of earthen fill from one location on the site to another. During the course of this work, plaintiff was standing at ground level when a large mass of fill dislodged from the pile, striking plaintiff...

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