(Download) "Luckern v. Lyonsdale Energy Limited Partnership" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Luckern v. Lyonsdale Energy Limited Partnership
- Author : Supreme Court of New York
- Release Date : January 21, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
(Appeals from Order of Supreme Court, Lewis County, Parker, J. - Summary Judgment.) OPINION Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Scott A. Luckern (plaintiff) in a work-related accident during the construction of the Lyonsdale Power Plant. Plaintiff was injured while on top of a 12-foot-high condenser tank, attempting to locate a vacuum leak. The rupture disc on the tank imploded, and plaintiff was drawn partially inside the tank. Defendant Lyonsdale Energy Limited Partnership (Lyonsdale) is the owner of the plant, and a joint venture involving defendant Midwesco, Inc. (Midwesco) and plaintiff's employer, third-party defendant, Cianbro Corporation (Cianbro), was the general contractor. The joint venture contracted with defendant-third-party plaintiff Holtec International, Inc. (Holtec) for the purchase of the condenser and rupture disc. The condenser was designed by Holtec and built by J.D. Cousins, Inc., which shipped it directly to the construction site. Holtec ordered the rupture disc from defendant Continental Disc Corporation (CDC), which also shipped it directly to the construction site. The condenser and rupture disc were allegedly installed at the construction site by defendant Frank Lill & Sons, Inc. (Lill) under contract with the joint venture.
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