MODESTE v. MEGA CONTRACTING, INC.


40 A.D.3d 255 (2007)

835 N.Y.S.2d 156

YVONNE MODESTE, as Administrator of the Estate of JOSEPH EDWARDS, Deceased, Appellant, v. MEGA CONTRACTING, INC., et al., Respondents, et al., Defendant. (And Other Actions.)

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

Decided May 3, 2007.


Plaintiff's decedent was thrown from the roof of a piece of heavy machinery called a "Bobcat" (a skid loader, with a forklift attachment) when the machine lurched. The Bobcat was not being used to facilitate access to a different elevation level for the decedent or his materials, but rather to transport materials from one work location to another, lifting the materials no more than 10 inches off the ground. As such, it did not entail the kind of elevation-related hazard contemplated...

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