Bevan v. Murray

Centra, J.E (dissenting in part).

I respectfully dissent in part and would affirm the order in its entirety. Flaintiff commenced this action seeking damages for injuries that she sustained when she fell and struck her head on an unfinished deck at the home of defendants/third-party plaintiffs (defendants). While the deck was under construction, defendant Mike Weston, doing business as Weston Contracting (Weston), removed the exterior stairs leading from the sliding glass door located in the dining room of the house. Notably, at the time of the accident, there was a stack of boards placed…