414 N.E.2d 666 (N.Y. 1980)
- Plaintiff employee was injured on an excavation job when he was struck by a car driven by a man suffering an epileptic seizure.
- Plaintiff and plaintiff's wife sued defendant employer, defendant driver, and defendant contractor for negligence, claiming that the employer failed to maintain a safe work site by erecting a traffic barrier.
- The trial court found for plaintiff, apportioning defendant employer's liability at 55 percent.
- On appeal, defendant employer argued that there was no causal link between the employer's breach of duty and plaintiff's injuries.
The court affirmed because plaintiff's injuries were a foreseeable result of the risk created by the employer.
The court affirmed the decision holding defendant employer liable for negligence because plaintiff employee's injuries were a foreseeable result of defendant employer's failure to maintain safe work site.
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