Thursday, February 25, 2016

Summary judgment on a Labor Law § 240(1) cause of action.

Practice point:  The Appellate Division affirmed the granting of plaintiff's motion in this action resulting from an injury sustained while plaintiff was operating a prime mover, which resembles a mini-forklift, to hoist a load of bricks onto a scaffold.

The Appellate Division determined that if the prime mover pitched forward due to the force of gravity, it failed to offer adequate protection and Labor Law § 240(1) applies.  Similarly, if the accident occurred because either the prime mover or scaffold could not support the weight of the brick load, the accident also resulted from the application of the force of gravity to the load during the hoisting operation, and the statute also applies.

Student note:  Comparative negligence is not a defense to a Labor Law § 240(1) claim.

Case:  Somereve v. Plaza Constr. Corp., NY Slip Op 01236 (1st Dept. 2016)

Here is the decision.

Tomorrow's issue:  Doctrine of law of the case.