The Hudson Bridge in New York was being repaired. The Bridge and Tunnel Authority, the owner of the Hudson Bridge hired a general contractor to do the repairs. The general contractor hired a subcontractor. Under the subcontract, the subcontractor was supposed to obtain insurance in behalf of the bridge owner and the general contractor. The insurance policy of the subcontractor was supposed to cover all expenses for personal injury suits that may arise from the time that the subcontractor was doing repair work under the subcontract.
On August 11, 2003, a male employee of the subcontractor slipped and fell on a makeshift inclined ramp that led from the worksite to the temporary office also at the construction site. The employee of the subcontractor sustained serious spinal injury. His slip and fall resulted in herniated discs of his cervical and lumbar spine and an impinged nerve on the spine. The employee was confined to his home for one month after the accident. He was ordered to rest in bed for five months from September 2004 until February 2004. The employee needed spinal fusion surgery to fully recover from his injuries.
He filed a damage suit under common law negligence and under labor law. He sued the owner of the Hudson Bridge and the general contractor. The man did not include in his damage suit his own employer, the subcontractor. The man claimed for lost earnings and for future loss of earnings due to the spinal injury he sustained. No notice was given by any of the parties to the insurer of the subcontractor until two years had passed from the time that the suit was filed by the employee of the subcontractor.