Court: Supreme Court, Appellate Division, Second Department, New York
Case: Lopez-Dones v. 601 West Associates, LLC
Date: Aug. 1, 2012
From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens injury lawyer)
**************************************************
RELATED POSTS:
LABOR LAW CLAIMS UPHELD IN FALL OFF A-FRAME LADDER; DEFENSE SUMMARY JUDGMENT DENIED
ELECTRICIAN'S NEW YORK LABOR LAW CLAIM DENIED WHERE HE FELL FROM LADDER WHILE HANGING A LIGHT
**************************************************
Facts: The New York State Labor Law protects construction workers from elevation-related accidents. Typical are falls from heights -- such as ladders or scaffolds -- or "falling object" cases.
This case is slightly different. Here, the accident-victim was hurt while trying to prevent herself from falling off a ladder.
On June 1, 2005 the plaintiff was working on a "pull box" at the defendants' premises as an apprentice electrician. The pull box was hanging down from the ceiling; she pulled over an A-frame ladder to work on.
While working on the ladder, an unknown worker bumped the ladder while wheeling a dolly past it. The ladder tipped and struck air conditioning duct work,. The accident victim twisted and grabbed a metal bar and was able to avoid falling, but she wrenched her back.
Held: The N.Y.S. Labor Law applies where an accident victim is injured while attempting to avoid falling from a ladder. She is granted summary judgment in her favor on her Labor Law claims against the defendants.