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Plaintiff was a 42-year-old mason working at a construction site. His foreman erected scaffolding which permitted access onto an unguarded, elevated walkway also under construction. The elevated walkway’s surface consisted of deck pans which were uneven. The foreman recognized the need for an extension ladder to provide access from the ground to the work station but failed to ensure its delivery. To access the work platform, Plaintiff climbed the crossbraces of the scaffold and alighted onto the unguarded, elevated walkway where he lost his footing and fell 25 feet to the ground. As a result of the fall, Plaintiff sustained a spinal cord injury and is paralyzed from the chest down. Defendant claimed that injury to Plaintiff was not substantially certain to occur.