Worker Should Have Been Granted Leave to Amend Pleadings

A New York appellate court ruled that a worker should have been allowed to amend his pleadings to assert an Industrial Code violation that was arguably applicable to the circumstances of his alleged accident. Case: Marte v. Tishman Construction Corp., No. 154819/17, 01/18/2024, published. Facts: Francisco Gomez Marte allegedly suffered injuries while working on a construction project when he slipped on a rebar mat. Marte testified that there was no debris on the rebar, that it was stable and did not move when he stepped on it. Marte also asserted that workers were expected to walk over...