Second Department Affirms Dismissal of Section 240(1) Claim Upon Finding Plaintiff Misused the Ladder From Which He Fell

In Scofield v. Avante Contracting Corp., the plaintiff was performing HVAC work from a 6-foot A-frame ladder.  He reached an area where stacks of sheetrock prevented him from placing the ladder directly beneath his work.  As such, plaintiff climbed to the third rung and leaned over to reach 3 to 4 feet to his right.  As he was performing his work, the ladder toppled over and plaintiff fell and was injured.  The Second Department affirmed dismissal of plaintiff's Labor Law § 240(1) claim upon a finding that plaintiff had improperly positioned and misused the ladder, which was the sole proximate cause of his injuries.