Alberto Ochoa, an employee of Astro Waterproofing & Restoration Corp., hurt his eye as he was drilling concrete on property owned by the State of Wisconsin Investment Board, and later sued both Astro and Wisconsin, alleging negligence and Labor Law violations.
After its request to dismiss the case was denied by the Bronx County Civil Court, Wisconsin went to the Appellate Term, First Department.
Since Wisconsin's people were only on-site to observe the work, and didn't have any supervisory control, the AT1 concluded that their presence wasn't enough to establish Wisconsin's liability under either a negligence or Labor Law claim.
Was that cheesy?
To view a copy of the Appellate Term's decision, please use this link: Ochoa v. State of Wis. Inv. Bd.