More Than Just a John Mayer Greatest Hit
We all really need to start being more careful when it comes to A-frame carts.
In a recent decision, the Appellate Division, Second Department, modified a Supreme Court, Kings County decision that (1) denied the branch of plaintiff’s cross-motion for summary judgment on the issue of liability as to Labor Law § 240(1); (2) denied the plaintiff’s motion for leave to amend the bill of particulars, and (3) granted those branches of the separate motions of the defendants to dismiss the complaint.
In Ramos v. Kent & Whythe Owners, LLC, 2025 NY Slip Op 01249, plaintiff alleged he was injured while working at a construction site as a laborer. Just prior to the subject incident, plaintiff was using an A-frame cart to move sheetrock across and unfinished concrete floor at the subject site when the A-frame cart turned over and fell, along with the sheetrock, trapping plaintiff’s legs and waist.
We note there is a whole mess of procedural history here that boils down to plaintiff filing a very late cross-motion/opposition to the defendant’s motion for summary judgment that was timely filed.
In its decision, the Appellate Division, Second Department modified the lower Court’s decision, specifically the portions that dismissed plaintiff’s Labor Law § 200 cause of action. However, the Second Department upheld the portions of the decision that granted the defendant’s motion to dismiss the Labor Law § 240(1) cause of action, noting that the defendants had established prima facie entitlement to summary judgment establishing that plaintiff’s injuries were not caused by a gravity related risk within the scope of Labor Law § 240(1).
The focus here is that with respect to a Labor Law § 240(1) cause of action, sheet rock falling from an A-frame cart will not be considered a gravity-related risk protected under the statute.
The Ramos decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
This article was prepared by McCormick & Priore, P.C. to provide information on recent legal developments of interest to our readers. This publication is in no way intended to provide legal advice or to create an attorney-client relationship. All Rights Reserved. This article may not be reprinted without the express written permission of McCormick & Priore, P.C.