Taylor v. Prostall, Inc.

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment seeking to dismiss plaintiff’s complaint in this wrongful death action. Plaintiff’s decedent was killed when he fell from an overhead crane at his place of employment while attempting to replace a missing bolt on the crane, which had been repaired the previous day by defendant crane repair service.

Defendant’s primary argument is that the repairs it made to the crane were not the proximate cause of decedent’s death. The issue of proximate cause is generally for the fact…