A New York appellate court revived a negligence claim against an excavation company for allegedly causing a pedestrian to suffer injuries from a fall.
Case: Buckley v. 18 East Main Street LLC, No. 532736, 11/24/2021, published.
Facts: In June 2017, Kathy Buckley was walking home along the sidewalk next to a gas station when she stepped on a stone, fell and twisted her ankle.
Monroe Mechanical Services Inc. had been performing excavation to remove old gas tanks and install new ones, which involved digging up dirt and rocks from around the old tank and backfilling new stones into the hole.
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