Plaintiff’s Labor Law § 240 claim dismissed because the accident did not involve a gravity related incident.
The Supreme Court of New York, County of New York granted the defendants’ motion for summary judgment dismissing New York Labor Law 240(1) claim. The plaintiff, a construction worker, was working on the ground level when a sheetrock leaning vertically against a circular column tipped over and struck his head. The sheetrock fell from a maximum of two-and-a-half feet from its original leaning position. The court dismissed the plaintiff’s New York Labor Law 240 claim because this was not a gravity-related injury contemplated by the statute. The court also found that the plaintiff’s claim, that the defendants failed to use the safety device of a drywall clip, was unfounded since it would not have secured the single piece of sheetrock.
This decision demonstrates that the court will not permit plaintiffs to bring New York Labor Law 240 claims for any construction accidents in New York.
Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.