May 25, 2023
Robert Connor and MKCI’s Syracuse Office recently obtained a dismissal of a case involving labor law claims in its entirety through summary judgment. Plaintiff brought this action against two defendants, a property owner and general contractor, under Labor Law §§ 200, 240(1), and 241(6), asserting damages resulting from an alleged fall from a ladder while performing sheet metal work on a roof during a renovation project. Plaintiff’s injuries included multiple fractures to the right leg and alleged ongoing leg, neck, and back pain as a result of the fall.
After extensive discovery and depositions by multiple parties and witnesses, the MKCI team brought a motion for summary judgment seeking to dismiss the Complaint on behalf of both Defendants, arguing that Plaintiff’s injuries were the sole proximate cause of her accident and resulting injuries. Plaintiff opposed the motion, arguing that because the safety equipment was provided by her employer and not by the Property Owner or General Contractor, the defendants were liable. Based on the testimony and the evidence outlined in our briefings, the Court held that the defendants established all requisite elements of a sole proximate cause defense and dismissed Plaintiff’s Complaint in its entirety as to the defendants. The Court further ruled the Labor Law does not require redundancy and that if adequate safety equipment was provided by Plaintiff’s Employer, the Property Owner and the General Contractor fulfilled their duties.
New York Labor Law actions are notoriously Plaintiff-friendly and involve an element of strict liability. We are happy to have overcome the hurdles to obtain this result on behalf of our clients.
For additional information, please contact:
Robert J. Connor, Jr. – rconnor@mkcilaw.us.com
Meagan E. Dean – medean@mkcilaw.us.com