FOR BREAKING NEWS VISIT www.qns.com may 19, 2016 • BUZZ • The Quens Courier 67 “The Wall of Remembrance” Dedication Ceremony Saturday, June 4th at 3PM All Are Invited St. Michael’s Cemetery, along with Creter Vault Construction Company, has built a Wall of Remembrance to honor those who were buried at the cemetery without a monument or memorial of any kind. The wall is an expansive 10 feet high and 200 feet wide structure with over 4,000 names etched in honor and features Dakota Mahogany and Pearl Rose granite, custom built stone columns, a stamped concrete and brick paver walkway and custom granite benches for seating – all surrounded by a magnificent landscape. It also features a life-size granite statue of a praying woman placing flowers on a grave. Join Us For This Unique Special Occasion Refreshments Will Be Served THE BUMPED LADDER Q: At a building that was under construction, my employer was reinforcing the ceiling. As I stood on a ladder, it fell. My ladder had been placed on the newlypoured concrete floor. This floor was terribly uneven. Along came another employee and bumped into my ladder. A: Your attorney is likely to sue both under Labor Law § 240(1), for failure to provide adequate safety devices, and in common-law negligence. Likely defendants include the owner, the general contractor, the construction manager and anyone else who may have exercised general control over the work site. These entities had at least ‘constructive notice’ of the uneven floor condition that apparently was the cause of your fall – even if they did not actually know of it. In addition, the defendants had the ability to stop the ceiling work from proceeding until the defect in the floor had been remedied. Most likely, you are receiving workers’ compensation benefits. In that case, your employer cannot be sued. As a general rule, for one who is injured in the course of employment, the sole remedy against the employer lies in these benefits. Nor may you circumvent the workers’ compensation scheme by suing your employer in a different capacity: even if your employer was the owner of the premises, you may not sue it. Ordinarily, this workers’ compensation immunity extends even to a fellow employee. However, if the co-worker deliberately rammed into your ladder, then we are talking about an intentional tort. You can certainly sue him – if it is worth it. Free!Saturday May 21st • 2:00pm St. Michael’s Cemetery Presents SPECIAL APPEARANCE BY: VINCE GIORDANO & HIS NIGHT HAWKS Scott Joplin was interred at St. Michael’s Cemetery on April 5th 1917. You are invited to join us for our FREE BBQ Open To The Public Vince Giordano Admission Free However we urge you to bring canned food for the City Council Member, Costa Constantinides Food Drive. We will collect all donations at the door. Please help those in need by giving generously. Legally Speaking By: Scott Baron, Attorney at Law Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878
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