Petersen v. Rand Construction Co.

Implicit in the jury’s verdict for the plaintiff is a finding that the defendant Safway, as lessor of the defective scaffolding bracket, had failed to exercise due care in supplying same to the job site, which failure proximately caused plaintiff’s injuries. That determination is warranted upon the evidence even though plaintiff’s employer may have been concurrently negligent in making use of the defective bracket (La Rocca v. Farrington, 276 App. Div. 126, affd. 301 N. Y. 247).

The defendant urges that the use by plaintiff’s employer of so openly and patently defective a piece of equipment…