Cunningham v. Heard

Stolz, Judge.

The plaintiff employee, after having collected Workmen’s Compensation benefits from his employer company for injuries sustained in a fall from a scaffold on November 14, 1972, brought this action for damages against the general contractor of the job, the company supplying the scaffold, and the president of his employer. The latter’s alleged negligence consisted of the violation of his duty under the Occupational Safety and Health Act (29 U. S. C. § 654; 29 C. F. R. § 1910.28(a)(3)) to provide guardrails on the 25-foot-high rolling scaffold.

In support of his motion for summary…