In Kosavick v. Tishman Const. Corp. of NY , James Kosavick sued Tishman Construction Corp. of New York (Tishman) for injuries he incurred while performing demolition work.
Apparently, Kosavick was hit by a pipe which caused him to fall off a ladder. Kosavick contended Tishman was responsible for the accident since the company hadn't supplied adequate safety devices or another worker to secure the ladder.
When the New York County Supreme Court denied Kosavick's request for a determination in his favor, he appealed to the Appellate Division, First Department, which reversed and found Tishman liable.
In order to knock out Kosavick's case, Tishman needed to establish that Kosavick "had adequate safety devices available; that he knew ... they were available and that he was expected to use them; that he chose for no good reason not to do so; and that had he not made that choice he would not have been injured."
While there was a safety chain, Kosavick chose not to use it because there was no available place to which it could be attached. In addition, since Tishman couldn't establish Kosavick had been instructed on how to use the chain, the governing exceptions didn't apply.
Will Tishman be going up the ladder to the Court of Appeals?
To download a copy of the Appellate Division's decision, please use this link: Kosavick v. Tishman Const. Corp. of NY