Morton v. State

Chief Judge Lippman (dissenting).

Claimant Alan Morton was injured when, after being “dispatched” by his water company employer to the site of a broken water main located beneath a State-owned roadway, the unshored sides of the area excavated to facilitate the repair fell upon him. He sought to recover for his injuries pursuant to Labor Law § 241 (6), and in the ensuing litigation established that his injuries were attributable to a violation of that statute’s requirement that “[a]ll areas in which construction, excavation or demolition work is being performed shall be so constructed, shored,…