Montas v. JJC Construction Corp.

Tom, J.E, and Acosta, J, dissent in a memorandum by Tom, J.E, as follows:

Because there is evidence from which the jury could have found that defendants were negligent in permitting construction debris to accumulate on a pedestrian walkway and that such negligence was a proximate cause of plaintiff’s injuries, it was error for the trial court to direct a verdict dismissing the complaint for failure to establish a prima facie *562case. Furthermore, the resolution of factual issues by the court deprived plaintiff of his right to a jury trial.

In September 1999, defendant JJC Construction Corp., under…