Dawson v. Diesel Construction Co.

Murphy, J. P.

Defendant Diesel Construction Co., Division of Carl A. Morse, Inc. (hereafter "Diesel”), appeals from a judgment in plaintiff’s favor for the total sum of $199,739.83 on a verdict for $125,000 for wrongful death and $25,000 for pain and suffering, plus interest and costs. For the reasons hereinbelow stated we believe said judgment should be reversed and the complaint dismissed.

Decedent was employed by Rissil Construction Associates, Inc. ("Rissil”) as a carpenter. Rissil was the subcontractor engaged by Diesel, the general contractor, to erect the reinforced concrete…