A New York appellate court ruled that neither party was entitled to summary judgment on a Labor Law claim based on a worker’s alleged injuries from being struck by a pipe.
Case: Lima v. HY 38 Owner LLC, No. 2020-02342, 09/14/2022, published.
Facts: Miguel Lima allegedly suffered injuries at a construction site when he was struck by a section of a caisson pipe that was being cut with a torch by a co-worker.
According to Lima, a strap was tied around the pipe and connected to the bucket of a backhoe excavator to prevent the pipe from falling after it was cut. The strap was very tig...
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