Taibi v. Berk

This case was tried before the court and a jury. A motion to dismiss was made by the defendant at the close of the plaintiff’s case and at the close of the entire case. Decision on these motions was reserved.

The plaintiff, while walking on a city street, was hit on his head by a block of wood and rendered unconscious. The accident occurred under a scaffold or shed constructed in connection with the demolition of a building. The day of the occurrence was a holiday and work was not in progress. Witnesses testified to finding the plaintiff unconscious; a block of wood lying next to him; an…