Morejon v. Rais Construction Company
New York Court of Appeals
851 N.E.2d 1146, 818 N.Y.S.2d 792 (2006)
- Written by Heather Whittemore, JD
Facts
The estate of Fabio Pardo (the estate) (plaintiff) filed a lawsuit in state court against Rais Construction Company (defendant) alleging that Pardo was fatally injured at a construction job while working for Rais Construction because of Rais Construction’s negligence. The estate presented witnesses who testified that Pardo was working for Rais Construction on December 26, 1998, when a roll of roofing material fell from a roof at a construction site and hit Pardo in the head. Eventually, Pardo died. Cesar Rais testified that he had fired Pardo weeks before the alleged December 26 incident because Pardo had been experiencing serious headaches that posed a risk to his safety. Additional witnesses and evidence supported Rais’s testimony. The estate filed a motion for summary judgment on the basis of res ipsa loquitur, arguing that the circumstantial evidence they presented proved that Rais Construction was negligent. The trial court granted the motion. The appellate court reversed, explaining that res ipsa loquitur could not be used as the basis for summary judgment. The estate appealed.
Rule of Law
Issue
Holding and Reasoning (Rosenblatt, J.)
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