CALLAN v. STRUCTURE TONE, INC.


52 A.D.3d 334 (2008)

860 N.Y.S.2d 62

FRANK CALLAN et al., Appellants-Respondents, v. STRUCTURE TONE, INC., Defendant and Third-Party Plaintiff-Respondent-Appellant. ATLAS-ACON ELECTRIC SERVICES CORP., Third-Party Defendant-Respondent.

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

Decided June 12, 2008.


Plaintiff worker, an electrician employed by third-party defendant subcontractor, was injured while installing ceiling lights over a weekend in an unventilated room where the temperature was estimated at over 100 degrees; he became dizzy from the heat, then nauseous, and fell from near the top of a 10-foot ladder. The worker recalled that as he attempted to reach down to grab hold of the ladder to stabilize himself, the ladder wobbled, he passed out, and both he and the ladder...

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