Hastings v. Trinity Broadcasting of New York, Inc.

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF’S CROSS-MOTION TO DISMISS AFFIRMATIVE DEFENSE

MCMAHON, District Judge.

Background

Plaintiff Steven M. Hastings (“Hastings”) sustained serious injuries from electric shock while working on a television transmitter on Illinois Mountain in Highland, New York on September 24, 1998. It is undisputed that Defendant Jeffrey Montanye (“Montanye”), an employee of Defendant Trinity Broadcasting New York (“Trinity”), accidentally pushed a “beam on” switch causing Hastings’ injuries. It is also undisputed…