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Bronx Court finds that pile driving company owed no duty of care in construction-related personal injury action

Luis Ramos v. Michael Stern, Macro Enterprises LTD., Champ Construction Corp., New York Sand & Stone, Supreme Court Bronx County, July 7, 2010

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AGF&J associate Bridget Quinn obtained summary judgment on behalf of the defendant pile driving company on the ground that it owed no duty of care. Plaintiff had alleged that he was injured when the hi-lo he was operating at a construction site hit a pile protruding from the ground, causing the hi-lo to pitch. AGF&J showed not only that the defendant did not owe a duty of care to plaintiff, as a non-contracting third-party, but also that plaintiff’s claim was not within any exception to that general rule. There was no evidence that defendant created an unreasonable risk of harm; that plaintiff relied upon defendant's continuing performance; or that defendant had any contractual duty to maintain a safe premises at the time when plaintiff’s accident occurred - four months after defendant completed its work.