Ramos v. State

Appeal from a judgment of the iCourt of Claims dismissing appellants’ cause of action after a trial. On August 11, 1959 Miguel Ramos, James R. Flynn and Arthur Loustarinen, carpenters in the employ of Johnson, Drake and Piper, the general contractors for the State-administered Cross-Bronx Expressway project, were working inside certain forms when a retaining wall gave way. As a result, Flynn and Loustarinen were killed and Ramos was severely injured. Appellants’ premise of liability is that the employer-contractor's attempt to backfill behind a span weakened by the previous loss of a…