Tort/Negligence – Contributory Negligence Defense – Labor & Employment – Contractors – Masons – Temporary Elevator

Tort/Negligence – Contributory Negligence Defense – Labor & Employment – Contractors – Masons – Temporary Elevator (access required)

Martinez v. Otis Elevator Co. Where plaintiff has forecast evidence that he was following his supervisor’s instructions and the same procedure the masons had been using for several days – working on the elevator shaft while a temporary lift was on the floor above them – with the understanding the lift would not be moved while they were working without prior approval of the masons, the court cannot find as a matter of law that plaintiff was contributorily negligent by working in the elevator shaft below the temporary lift. To the extent that defendant contends plaintiff was negligent by failing to keep a “lookout”, there is conflicting testimony regarding whether any safety light flashed or alarm sounded prior to the lift moving.

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