DeRosa v. Bovis Lend Lease LMB, Inc.

Renwick J.

(dissenting). In this personal injury action, plaintiffs Labor Law § 240 (1) claim arises out of an accident that took place when he was attempting to make a concrete delivery to a work site, which defendant owner was converting into cooperative apartments. Plaintiff was climbing the cement truck, to visually assess whether the consistency of the mix was appropriate for the specifications of the job, when a lever from the rotating barrel of the cement truck caught plaintiff and literally threw him, like a cannonball, over the top of the truck and into the side of the street that had…