Peters, J.
In June 2002, claimant Robert Beard (hereinafter claimant) was operating a "cruise air" backhoe to demolish a two-lane concrete bridge owned by defendant in the Town of Homer, Cortland County, when the bridge suddenly collapsed causing him, and part of the cruise air, to fall 15 to 20 feet into the creek bed below. Claimant, operating the cruise air from its enclosed cab, was thrown against the side of the cab, dislocating his shoulder and tearing his rotator...
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