In a decision dated December 3, 2014, Justice Sidney A. Strauss granted the summary judgment motion of Skanska Koch, Inc. and Koch Skanska, Inc. dismissing the plaintiff’s complaint against them sounding in common law negligence. The plaintiff sought damages for personal injuries sustained when the metal railing of an access platform adjacent to an office trailer collapsed as he was leaning on it causing him to fall. The trailer had been placed at the site as part of a project that Skanska Koch, Inc. performed at the site. When the project was completed, the trailer had been donated to the New York City Parks & Recreation Department on April 1, 2010, more than a month prior to the accident. In dismissing the complaint, the Court found that neither Skanska entity had notice or knowledge of the alleged defective condition, retained control over the premises nor had a contractual duty to maintain and repair the premises. Thus, neither entity could be found liable for it.
Brown v. Skanska Koch, et al., Index No. 6462/2012 (Queens Co. Sup. Ct., Dec. 3, 2014)
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