SCOTT v. WESTMORE FUEL CO., INC.

7931, 301983/07.

96 A.D.3d 520 (2012)

947 N.Y.S.2d 15

2012 NY Slip Op 4698

AKRON SCOTT, Appellant, v. WESTMORE FUEL COMPANY, INCORPORATED, et al., Respondents. (And a Third-Party Action.)

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

June 12, 2012.


Plaintiff was riding on the exterior step of a moving backhoe when he fell and the backhoe ran over his left foot. The accident occurred at defendants Purdy Avenue Terminals and Westmore Fuel Company's (collectively Westmore) fuel tank facility. Westmore had retained defendant Diamondhead Construction & Maintenance Corp. (Diamondhead) to replace a rubber containment lining to prevent soil contamination from fuel leaks. Diamondhead subcontracted plaintiff's employer to...

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