Amo v. Little Rapids Corp.

Mercure, J. P.

(dissenting). We respectfully dissent. According to plaintiffs version of the events giving rise to the action, while operating a jackhammer on top of a large rock, plaintiff “slipped, and [his] right toe became lodged between the rock and the trench around the backside of the hardpan”. With his foot thus immobilized, plaintiffs body swung around toward the front of the rock and he fell back into the hole, striking the sloping side of the rock before being “caught” by a co-worker and thus prevented from coming in contact with the floor of the excavation. As acknowledged by the…