A judge should have stuck to his initial ruling in a case where a subcontractor’s employee was injured when he fell from a ladder, a state appellate court has ruled.

At a 2005 job, Peter Cioffi of Communication Technology Services was using a scissor lift to install a paging system in the stockroom of a Nassau County Target store. When done, he removed the lift but then remembered leaving his tool pouch hanging from a pipe in the stockroom. To save time, Cioffi used a ladder in the stockroom whose ownership is disputed in an attempt to retrieve the pouch. The ladder buckled and Cioffi fell about 18 feet.