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Christopher Sojka, Jr v. Bovis Lend Lease, Inc

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ARGUED JANUARY 18, 2012–

Before BAUER, MANION, and WOOD, Circuit Judges.

Christopher Sojka, Jr. sustained severe eye injuries while working as a carpenter on the Trump Tower construction project. He sued Trump Tower’s construction manager, Bovis Lend Lease, asserting that it had been negligent. Bovis moved for summary judgment on the ground that it did not owe Sojka any duty of care to provide a safe workplace, and (jumping from the general to the particular) that even if it did, it had not breached such a duty because it had no knowledge that Sojka’s safety glasses were inade- quate to prevent the injury. Sojka failed to address this argument in his response to Bovis’s motion for sum- mary judgment. Bovis thus urged the court to grant its motion in light of what it saw as Sojka’s concession that there was no dispute of material fact on that point, and that is exactly what the district court did.

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