Manuel Morales sued Westchester Stone after he was hit by tree limb while at work.
Morales argued that the company violated New York State's Labor Law, which requires that workers at buildings undergoing construction or alterations be provided with adequate safeguards and protections.
After the Westchester County Supreme Court dismissed Morales's case, he appealed to the Appellate Division, Second Department.
The AD2 agreed that the tree's removal was outside the scope of the Labor Law since neither a building nor a structure was involved. It also thought Morales's contention-- that the tree's removal was necessary to complete a larger construction project -- wasn't sufficiently established.
Was Morales Stoned?
To view a copy of the Appellate Division's decision, please use this link: Morales v. Westchester Stone Co., Inc.