Enea v. Kuhn, Smith & Harris, Inc.

In a negligence action to recover damages for personal injuries, defendant appeals from a judgment of the Supreme Court, Queens County, entered November 17, 1971, in favor of plaintiff, upon successive jury verdicts after a split trial, i.e., separately on the issues of liability and damages. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No questions of fact were presented on this appeal. Plaintiff, an iron worker, was standing on top of an uncompleted brick wall, waiting for a steel beam to be lifted near to him by crane so that he could guide the beam…