Derdiarian v. Felix Contracting Corp.
New York Court of Appeals
414 N.E.2d 666, 51 N.Y.2d 308 (1980)
- Written by Michael Beverly, JD
Facts
Felix Contracting Corp. (Felix) (defendant) contracted to install a gas main. The worksite Felix excavated for the project was in the street. Harold Derdiarian (plaintiff), a subcontractor, was sealing a gas main using a kettle of 400-degree liquid enamel. James Dickens was driving near the worksite when he had an epileptic seizure due to not taking his medication, which caused him to lose control of his vehicle and crash into the worksite. Derdiarian was hit, and the kettle of enamel spilled all over him. Derdiarian burst into flames but survived. Derdiarian sued Felix, alleging that Felix negligently failed to ensure a safe worksite. At trial, Derdiarian’s expert in traffic safety testified that Felix should have built a barrier and taken other steps to protect workers from oncoming traffic. The trial court found in favor of Derdiarian. The New York Supreme Court, Appellate Division affirmed. Felix appealed to the New York Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Cooke, C.J.)
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