The accident occurred while plaintiff was on the fifth floor of a building under construction, laying brick for a wall of the elevator shaft. In order to perform his work, plaintiff had to stand near to, and step over, the plywood covering a two-feet-by-three-feet garbage chute that was approximately one foot from the elevator shaft wall. As plaintiff stepped onto the plywood, it broke or shifted, giving way, causing him to fall several stories. It is undisputed that no safety...
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