Michael J. Foley v. Rust International

BOWNES, Senior Circuit Judge.

Plaintiff-appellant Michael J. Foley (Foley) appeals from a judgment notwithstanding the verdict after a jury had found in his favor in a negligence action against defendant-appellee Rust International Corp. (Rust). After reviewing the record, we affirm the J.N.O.V.

I

Foley was injured when he fell from duct work on which he was working while employed at a construction site in Andover, Massachusetts. At the time of the accident, Foley was an apprentice boilermaker for the Riley-Stoker Corporation (Riley). Riley was working at the site pursuant to a subcontract with…