Clause v. E.I. du Pont De Nemours & Co.

—Order unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following Memorandum: Plaintiffs commenced this action to recover damages for personal injuries sustained by Darrell H. Clause, Jr. (plaintiff) in an accident at a construction site owned by defendant E.I. du Pont De Nemours & Company. Defendant Scrufari Construction Co., Inc. was the general contractor on the project, and plaintiff’s employer, third-party defendant, Higgins Erectors & Haulers, Inc. (Higgins), was a subcontractor. Plaintiff was injured while being transported to the…