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Torts Keyed to Christie
Morejon v. Rais Construction Company
Citation:
818 N.Y.S.2d 792, 851 N.E.2d 1146 (2006)Facts
Morejon (Plaintiff) sued Rais Construction Co. (Defendant) for negligently causing the death of Fabio Pardo. Pardo’s family claimed that he was instructed to deliver building materials by the Defendant to a home where the Defendant was repairing the roof. During the delivery, materials fell from the roof onto Pardo’s head. Pardo did not tell anyone about the incident at that time and did not seek medical treatment for the injury for two months. The Defendant further argued that they had stopped working on the roof days before the incident, had not left anything on the roof, and had not employed the Plaintiff to deliver any materials on that day because the Plaintiff had been complaining about headaches. The Plaintiff moved for summary judgment.
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Topic Resources
Topic Outline
NegligenceTopic Refresher Course
Negligence: Res Ipsa Loquitor (The Thing Speaks for itself)