Wednesday, March 28, 2012

Labor Law § 240(1) Applied to Fall From Material Located On Flatbed Truck

In Phillip v. 525 E. 80th Street Condominium, the First Department held that a plaintiff was entitled to summary judgment under Labor Law § 240(1) where he fell while unloading scaffolding material from a flatbed truck. Plaintiff was standing on top of the scaffolding material and handing it to his coworkers approximately nine feet above a platform. As for safety devices, the plaintiff was provided a harness, but no place to secure it. The court also noted that the evidence supported that the way in which plaintiff worked was the only way to unload the materials.

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