Appellate Division of the Supreme Court of the State of New York March 21, 1996 (Johnson v. General Design and Development, Inc.)

—Peters, J.

In November 1991, while standing on a stepladder, plaintiff Jerry Johnson (hereinafter plaintiff) operated a right-angle drill to bore holes in the ceiling for the installation of water heating pipes. The drill bound up in the wood and, due to the resisting torque, threw plaintiff horizontally from the fourth step of the ladder into a vertically standing "I” beam support.