Fourth Department Denies Partial Summary Judgment to Plaintiff Pursuant to Labor Law § 241(6)

In Quiros v. Five Star Improvements, Inc., the plaintiff roofer was struck in the eye by a ricocheting nail.  He commenced an action, in part, pursuant to Labor Law § 241(6) as predicated on an alleged violation of Industrial Code 12 NYCRR 23-1.8(a) pertaining to eye protection.  The Fourth Department reversed the trial court and denied plaintiff's motion for summary judgment, finding questions of fact as to whether plaintiff was provided with eye protection, and if so whether he was comparatively at fault for failing to wear such eye protection.  The Fourth Department also found that, even if plaintiff had established a violation of the Industrial Code this did not establish negligence as a matter of law.