In Clarke v. Morgan Contr. Corp. , Anthony Clarke was performing carpentry work at a construction site located underneath a sidewalk bridge when two metal stud beams (being hoisted above him) landed on his face, chest and shoulders.
After Clarke sued Morgan Construction Corp. in Bronx County Supreme Court, and the company was found liable for his injuries, an appeal to the Appellate Division, First Department, followed.
The AD1 was of the view Morgan's failure to provide an "adequate safety device," triggered its liability.
Bet Clarke was beaming!
To view a copy of the Appellate Division's decision, please use this link: Clarke v. Morgan Contr. Corp.