LaBarge v. Griffin Pipe Products Co.

Judgment modified on the law and as modified affirmed without costs and new trial granted, in accordance with the following Memorandum: Plaintiff was injured while unloading pipe from a truck, resulting in the eventual amputation of his leg. He sued, among others, the Town of Clarence, for whom a new water line was being installed, and Erie County, who owned the right-of-way. The Town of Clarence brought a third-party action against plaintiff’s employer, Castricone Contractors.

Plaintiff alleged three causes of action against the Town and County: common-law negligence for failure to provide a…