JACKSON v. HUNTER ROBERTS CONSTR. GROUP, LLC

6692. 114083/11.

161 A.D.3d 666 (2018)

78 N.Y.S.3d 310

2018 NY Slip Op 03805

Robert Jackson et al., Respondents, v. Hunter Roberts Construction Group, LLC, et al., Appellants.

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

Decided May 29, 2018.


Plaintiff claims that he and a coworker were carrying a water main pipe when he lost his balance upon stepping on a makeshift ramp that "bowed." The weight of the pipe caused them to fall and, as plaintiff was trying to push or eject the pipe from his shoulder to prevent it from landing on him, the pipe struck either a cart or a column, retracted back, and struck him in the leg.

The motion court properly denied defendants' motion for summary judgment dismissing the...

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