The Debate Continues

Mata v. Park Here Garage Corp. is the latest Labor Law 240(1) case to display the continued debate over proof related to sole proximate cause.  The wrinkle in this case was that the plaintiff was "self-employed" and a self-proclaimed specialist.  The majority found that the plaintiff's actions, were at most, contributory negligence, which cannot defeat a 240(1) claim.  The dissent found that the plaintiff's actions and background raised a question of fact as to whether he was provided with adequate safety devices and if he was the sole proximate cause of his injury.