Friday, February 7, 2014

First Department Finds That LL 240(1) Applies Where Falling Object Struck Another Object Being Carried By Plaintiff, Resulting In Plaintiff's Injury

In Humphrey v. Park View Fifth Ave. Assoc. LLC, the plaintiff was carrying an 18-foot long stringer on his shoulder when a beam fell from above him and struck the stringer. The contact between the two objects caused plaintiff to fall to the ground and be injured. The Court found that, regardless of how high the beam was above plaintiff when it fell, the height differential was not de minimis, given the amount of force the aluminum beam was able to generate during its descent.  

No comments:

Post a Comment