Petticrew v. St. Lawrence Cement, Inc.

This negligence and Labor Law action stems from an accident that plaintiff Timothy E. Pettierew (hereinafter plaintiff) had in the course of his employment as a welder. On the day in question, plaintiff was working atop scaffolding inside a kiln owned by defendant St. Lawrence Cement, Inc. when he fell, fracturing his leg and ankle. Supreme Court (McNamara, J.) granted plaintiff and his wife, derivatively, summary judgment on their Labor Law § 240 (1) cause of action and the matter proceeded to a trial on damages. Because we conclude that Supreme Court erred in granting plaintiffs summary…