New York Court of Appeals

Linda Gasper, as Administratrix of the Estate of Donald Gasper v. Ford Motor Company, and Third-Party Frederick…

July 10, 196313 N.Y.2d 104

Summary

The New York Court of Appeals reversed the trial court’s judgment for the plaintiff, holding that Ford Motor Company owed no duty to provide a safe place for window washers when the hazard arose from the independent contractor’s own method of using a ventilating window as a platform, and that the Labor Law provisions did not apply. The dissent argued that Ford did have an affirmative duty and would have affirmed the judgment for the plaintiff.