BUSH v. GOODYEAR TIRE & RUBBER COMPANY


9 A.D.3d 252 (2004)

779 N.Y.S.2d 206

FREDDIE BUSH, Respondent, v. GOODYEAR TIRE & RUBBER COMPANY et al., Defendants, and BLOCKBUSTER INC., Appellant.

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

July 1, 2004.


Plaintiff's employer was hired by Blockbuster to perform certain construction work at Blockbuster's leased premises. Part of the work entailed piling debris into a ground-level dumpster for disposal the following morning. While plaintiff was atop the dumpster, attempting to level the debris inside, his arm hit a wire and he fell to the ground. Because the work in which he was engaged required him to climb the dumpster, the absence...

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