SPEARS v. STATE OF NEW YORK


266 A.D.2d 898 (1999)

698 N.Y.S.2d 135

JOHN A. SPEARS, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 97598.)

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

Decided November 12, 1999.


Order unanimously affirmed without costs.

Memorandum:

Claimant was employed as a dump truck driver for Santaro Industries, Inc., an entity that contracted to renovate a highway owned by defendant, State of New York (State). While preparing to unload asphalt at the project site, claimant climbed to the top of the truck to repair the tarpaulin retracting device and fell approximately 15 feet, sustaining personal injuries. Claimant asserts causes of action under...

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