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Plaintiff was the foreman of a subcontractor doing some repair work on the roof of the Hooker Chemical Corporation in Niagara Falls, New York when he was caused to fall off the edge of the roof. Plaintiff had been standing on a "chicken board," a flat board with strips nailed across it for footing, which is used on weak areas of the roof. The plaintiff smelled gas and tried to pull himself to the top of the roof with a safety line. The line broke, causing him to fall 20 feet to the ground.
The plaintiff sustained spinal fracture and psychological injuries. A jury awarded damages of $1,876,00, which were reduced to $1,100,00.00 based upon a finding by the appellate court that the verdict could not be sustained based on prior cases for similar injuries.
This case was also significant because it established the legal principal that a contractor does not satisfy its duty under the Labor Law by merely having "some" saftey device anywhere on the job site, as it is the contractor's duty to see that proper safety devices are utilized, and this case is often cited in court decisions involving construction accidents.
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