Mercure, J. P.
Plaintiff's employer, Paolangeli Contractors, contracted with defendant to excavate a trench on defendant's property and, following defendant's placement of pipe and insulation in the trench, refill it. On October 3, 1996, plaintiff was working with Edward Rohde, another Paolangeli employee, in the refilling process. At that time, Rohde was operating a backhoe. He would scoop up soil with the backhoe's bucket, drive the backhoe to the edge of the trench...
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