Thomas v. Contract Core Drilling & Sawing

MARTIN, Chief Judge.

On 4 October 2007, William Thomas suffered an injury to his left knee while working as a concrete cutter for defendant Contract Core Drilling & Sawing. The injury occurred when Mr. Thomas was attempting to throw a drop cord to another worker through an elevator shaft from the 7th floor to the 8th floor. Although Mr. Thomas realized that he was in an area with a “step down,” which was one to two inches lower than the floor around it, he neither noticed it nor intended to step into the “step down.” Mr. Thomas did, however, step off with his left leg into the “step down,”…