Sudden-Moving-Ladder Syndrome Strikes Again!
Is there no end?
In a recent decision, the Supreme Court, New York County gave us yet another look at Sudden-Moving-Ladder Syndrome in action. In Zuniga v. Trinity NYC Hotel, LLC, 2024 NY Slip Op 32293(U), plaintiff was tasked with removing pins from a temporary frame which needed to be removed after the concrete it was forming was set. Plaintiff alleges that while he was on a 6-foot A-frame ladder, he reached up above his head to remove a pin approximately 7 feet off the ground with a hammer. While reaching, plaintiff alleges that the ladder “quickly moved” side to side causing him to fall to the ground and hit the floor.
Plaintiff moved for summary judgment on the issue of liability with regard to his Labor Law § 240(1) cause of action. In its decision, the Court pointed only to plaintiff’s deposition testimony stating:
Q: How far did the ladder move?
A: It moved from side to side, it was quickly when it moved and then I fell.
Due to plaintiff’s testimony that the ladder moved prior to him falling, the Supreme Court, New York County held that plaintiff met his prima facie burden and entitlement to summary judgment as a matter of law on his Labor Law § 240(1) cause of action.
In opposition, the defendants failed to raise a triable issue of fact as to whether the plaintiff losing his balance caused the ladder to shift, or if the shifting ladder caused the plaintiff to lose his balance. Plaintiff’s deposition testimony unequivocally established that the ladder caused plaintiff to lose his balance, resulting in the fall.
Again, this is the only portion of plaintiff’s testimony that the Court cited in its decision as to whether plaintiff met his prima facie burden on summary judgment:
This case from the Supreme Court, New York County highlights the winning formula for plaintiffs meeting their prima facie burden on summary judgment for a Labor Law § 240(1) cause of action, namely:
The Zuniga 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.
