Carpenter Slips on Plank Used as Ramp; Summary Judgment Denied Because Plank Wasn't Part of Safety Equipment Used in Construction Project

Court: Supreme Court, Appellate Division, Second Department, New York.

Case: Creese v. Long Island Lighting Company

Date: Aug. 29, 2012

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

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Facts: The accident victim was working as a carpenter at a construction job site. He left the building to get construction materials that were stored outside. The door way was three or four feet above the ground, a distance covered by a wooden board. While walking, Creese slipped off the plank.

Case holding: Because the plank was not being used as a ladder, scaffold or such, it wasn't part of the safety devices meant to protect a construction worker from having an accident in the course of his work. Therefore, the Labor Law doesn't apply.

There are issues of fact requiring a trial as to whether the plank was slippery and whether it caused the accident. Summary judgment denied.