BLANDIN v. MARATHON EQUIPMENT COMPANY


9 A.D.3d 574 (2004)

780 N.Y.S.2d 190

DARLENE M. BLANDIN, as Administrator of the Estate of DAWSON E. BLANDIN, Respondent, v. MARATHON EQUIPMENT COMPANY, Appellant. (And a Third-Party Action.)

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

July 1, 2004.


SPAIN, J.P.

On October 10, 1997, Dawson E. Blandin (hereinafter decedent), an employee of third-party defendant, Northern Sanitation, Inc. was killed when he fell from a service platform into a waste compaction baler and was crushed. The platform — to which decedent climbed, presumably, to clear a jam — provided access by a set of stairs to the top of the baler, where a conveyor belt dropped material into the baler's charging chamber to be compacted...

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