Construction Worker Injured in Fall from Permanent Elevated Walkway Granted Summary Judgment under Labor Law

Case: Burton v. CW Equities, LLC

Court: Supreme Court, Appellate Division, First Department, New York

Date: 7/17/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident attorney)

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Facts: This construction worker plunged off a permanent concrete walkway elevated 15 feet off the ground. It passed over a pit and led to the part of the building being constructed. The walkway had no handrails. Plaintiff moved for summary judgment under New York State's Labor Law.

Held: It doesn't matter that the concrete walkway was a permanent structure. The defendants didn't properly protect plaintiff from this elevation-related construction accident risk.

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