In Lorde v Margaret Tietz Nursing & Rehabilitation Ctr., the plaintiff was
injured when the inverted bucket that he was standing on tilted, causing him to
fall. Plaintiff commenced an action alleging common law negligence and
violations of Labor Law §§ 200, 240(1), and 241(6). The plaintiff then moved
for summary judgment on the issue of liability with respect to his Labor Law §
240(1) claim. The lower court denied plaintiff’s motion and the Second
Department affirmed finding that “[l]iability under section 240(1) does not
attach when the safety devices that plaintiff alleges were absent were readily
available at the work site, albeit not in the immediate vicinity of the
accident, and plaintiff knew he was expected to use them but for no good reason
chose not to do so, causing an accident”. The Second Department determined that
plaintiff’s testimony, namely that he could not recall how many ladders were in
the room at the time of his accident and that he did not know whether there
were more than six ladders available at the job site, failed to eliminate all
triable issues of fact as to whether there were ladders available and whether
plaintiff’s decision to stand on the bucket was the sole proximate cause of his
injuries.
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