Derdiarian v. Felix Contracting Corp.
Court of Appeals of New York
414 N.E.2d 666 (N.Y. 1980)
Relevant factsFree
While Derdiarian (plaintiff) worked at Felix's (defendant) unguarded gas-main worksite in the street, a passing driver suffered an epileptic seizure, lost control, and crashed into the site, spilling scalding enamel on Derdiarian and severely burning him; Derdiarian's expert testified Felix should have erected a barrier to protect workers from oncoming traffic, and the trial court and appellate division found for Derdiarian.
IssueFree
Whether a contractor in charge of a worksite can be held liable for injuries sustained by a worker that result from a driver negligently crashing his car into the worksite.