Konstanty Rozmyslowicz sued his employer, Keyspan Generation, alleging the company was liable for his fall.
Rozmyslowicz -- who had been hired by Keyspan to build a wooden tunnel for workers to use in order to access a mobile decontamination unit -- fell through the tunnel's ceiling.
After a Queens County Supreme Court jury decided Keyspan wasn't responsible for his injuries, Rozmyslowicz appealed to the Appellate Division, Second Department.
In order to set aside a jury verdict, Rozmyslowicz needed to show there was no fair way the jury could have reached the outcome it did.
Since his job duties didn't include climbing onto the mobile unit's roof, and the safety equipment provided was adequate for his assigned tasks, the AD2 affirmed the dismissal.
Wasn't Rozmyslowicz just trying to work his way to the top?
To download a copy of the Appellate Division's decision, please use this link: Rozmyslowicz v Keyspan Generation, LLC