GUODACE v. AP WAGNER, INC.

513463.

96 A.D.3d 1263 (2012)

947 N.Y.S.2d 642

2012 NY Slip Op 5052

MARK GUODACE, Appellant, v. AP WAGNER, INC., Respondent.

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

June 21, 2012.


Rose, J.P.

Plaintiff, an employee of an electrical contractor, was injured in December 2007 while using defendant's forklift truck to work on a telephone wire at defendant's warehouse. In order to reach the wire as it ran along a ceiling beam, plaintiff raised the platform on the forklift so that its overhead safety bars were within three to five inches of the beam and brought the platform to a complete stop. Approximately 30 seconds to a minute after he stopped the...

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