Richard Hauptner was sitting on his deck when a 30-foot ladder from an adjoining construction site fell and knocked him unconscious.
Hauptner later sued the developer (Laurel), the owner (Lowentheil), the general contractor and subcontractor for negligence, the defendants alleged "comparative negligence."
After the Bronx County Supreme Court let some of the defendants out of the case, Hauptner appealed to the Appellate Division, First Department, which changed the outcome.
Because a safety inspection had been conducted a month before the accident, the defendants were on notice the ladder hadn't been properly secured. Their failure to address that problem was, in the AD1's view, a breach of a duty of care.
Hauptner, on the other hand, wasn't "comparatively negligent" -- or somehow responsible for what occurred -- because there was no evidence he expected a ladder from the construction site to fall into his backyard.
Someone sure wrung that one out.
To view a copy of the Appellate Division's decision, please use this link: Hauptner v. Laurel Dev., LLC