WADE v. BOVIS LEND LEASE LMB, INC.

8429, 306782/08, 84240/08.

102 A.D.3d 476 (2013)

958 N.Y.S.2d 344

2013 NY Slip Op 143

KEVINE WADE, Respondent, v. BOVIS LEND LEASE LMB, INC., et al., Respondents, and ATLANTIC HOISTING AND SCAFFOLDING, LLC, et al., Appellants, et al., Defendant. BOVIS LEND LEASE LMB, INC., et al., Third-Party Plaintiffs-Respondents, v. CENTURY MAXIM CONSTRUCTION CORP., Third-Party Defendant-Respondent, and HIGH RISE HOISTING AND SCAFFOLDING INC., Third-Party Defendant-Appellant.

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

Decided January 15, 2013.


Plaintiff was a passenger in a temporary personnel lift installed by Atlantic at a construction site when the lift became stuck as it was taking plaintiff to his work location. Plaintiff and the other passengers were directed to exit the hoist through an exit in the top. As he emerged onto the top of the hoist, plaintiff was struck by a piece of guide rail that was part of a hoisting mechanism. The guide rail had broken off and fell over 200 feet to where it struck plaintiff...

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