Hall v. Husky Farm Equipment, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
Plaintiff Harold Hall (hereinafter plaintiff) was employed since 1991 as a laborer by third-party defendant, Langdonhurst Farms, LLC, and his responsibilities included the emptying of the farm’s manure pit. The pit was 31 feet by 51 feet and 8 feet deep, and was surrounded by a fence. A hydraulic liquid manure pump manufactured by defendant Husky Farm Equipment, Ltd. was permanently affixed to the side of the pit and was used by plaintiff to empty it. On December 20, 2007, plaintiff was directed to empty the pit and he went inside the fence to remove ice that had accumulated around the pump’s…
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