It’s the Safety Inspectors We Love that Hurt Us the Most
In Cuomo v. The Port Authority of New York & New Jersey, 2024 NY Slip Op 03008, plaintiff alleged that while working on a construction project at the Bayonne Bridge, a three-step temporary staircase he was descending suddenly shifted, causing plaintiff to fall approximately two and a half feet to the floor.
At the conclusion of discovery, plaintiff moved for summary judgment as to his Labor Law § 240(1) claim and the Supreme Court, New York County granted the motion. Defendants appealed. The Appellate Division, First Department, agreed with the lower Court, noting in a brief decision that the defendants failed to raise a triable issue of fact. The First Department noted that the accident reports submitted by defendant did not specifically state that the staircase did not move, which would contradict plaintiff’s narrative. The fact that an accident report does not indicate whether the subject staircase moved, does not contradict plaintiff’s testimony, and is not a basis for the Court to deny plaintiff’s motion. Additionally, any alleged misuse of the temporary staircase by plaintiff was, at most, comparative negligence, which is not a defense to a Labor Law § 240(1) claim.
Lastly, the First Department noted that the defendants’ own site safety inspectors, as indicated in their testimony, conceded that the staircase failed to provide safe access from the wooden platform plaintiff was walking on to the concrete floor where plaintiff landed after he fell.
The Cuomo decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
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