Court Dismisses Construction Accident Case In Its Entirety Including Those Causes of Action for Common Law Negligence and Violations of Labor Law §§200, 240(1) & 241(6)
In a decision dated February 28, 2019, the Hon. Kathryn E. Freed granted our clients Metropolitan Transportation Authority, New York City Transit Authority, MTA Capital Construction Company, Hudson Yards Development Corporation and the City of New York summary judgment dismissing plaintiff’s complaint in its entirety including those causes of action for common law negligence and violations of Labor Law §§200, 240(1) and 241(6). The plaintiff, a 33-year-old ironworker injured when the dumpster he was attempting to roll out of the way tipped over, allegedly causing permanent and disabling injuries. In dismissing the common law negligence and Labor Law §200 claims, the Court determined that none of the defendants created a dangerous condition, that they had notice of a dangerous condition at the premises or that they actually exercised supervisory control over the plaintiff’s work. The §240(1) claim was dismissed because at the time of the accident, the plaintiff was at the same elevation as the dumpster he was trying to move. Second, there was no evidence that the dumpster tipped over because of the absence or inadequacy of a safety device of the kind enumerated in the statute. Instead, the plaintiff’s allegations and testimony establish that the accident occurred due to the weight of the dumpster while he was pushing it across the plywood on the platform and when another worker began pushing the dumpster against him. Regarding the §241(6) cause of action, the Court held that the Industrial Rules cited by plaintiff were either not sufficiently specific to support a violation of §241(6), not factually relevant to the facts of the case or were not violated.
Joseph Sancino v. Metropolitan Transportation Auth. et al., Index No. 159913/2013 (N.Y. Co. Sup. Ct., Feb. 28, 2019)
Categorised in: FCH News
This post was written by Sander Rothchild