Appellate Division Affirms Dismissal of Intentional Wrong Claim in Workplace Fall Injury Case

On April 20, 2020, the plaintiff was assisting in unloading steel from a “flatrack” trailer when he fell and suffered a head injury, despite wearing a helmet. His injury made him unable to recall the accident or any relevant information about his employment. His supervisor, Frendly Blas, did so on his behalf, although he did not observe the incident. Mr. Blas testified that the plaintiff received safety training and that everyone occasionally unloaded trucks. He could not recall why the rollastep, which was to protect employees from falls on surfaces at least four feet off the ground, was not used. An OSHA report noted a rollastep nearby.

The plaintiff filed suit, alleging negligence and gross negligence. He then amended his complaint to allege intentional wrongs. The respondent moved for summary judgment, and the trial court found the plaintiff failed to establish an intentional wrong and dismissed his complaint. 

Specifically, the court found the injuries were not substantially certain to occur or fell outside the “fact[s] of life” attendant to industrial employment. 

The plaintiff appealed. After a de novo review, the Appellate Division affirmed, noting the plaintiff failed to meet his burden to demonstrate an intentional wrong. 

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