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Roberto Passos v. Noble Construction Group, LLC., et al.

This is a case decided by the Second Dept., reversing the trial court and granting summary judgment to plaintiff, a construction worker who was struck by a piece of plywood used as part of the formwork that fell from first floor ceiling. Approximately 30 minutes before the accident plaintiff’s co-workers had removed a post supporting the plywood, leaving it unsecured. The Court also noted that there was “no caution tape surrounding the perimeter to prevent other workers from entering the area where the formwork disassembly was occurring.” Of note is the Court’s mention that the defendants arguments were mere speculation as to whether the plywood could have been secured or how the accident happened.

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