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Labor Law Claim due to Lack of Netting

 State: N.Y.

 

Lack of Safety Netting Provides Construction Worker with Compensable Labor Law Claim

 

A New York appellate court ruled that a construction worker who had been hit by a falling brick was entitled to summary judgment on his Labor Law claim.

 

Case: Hill v. Acies Group, No. 13437 305287/08, 11/06/2014, published.

 

Facts: Anthony Hill claimed he suffered injuries when he was struck by a falling brick while he was at work cleaning debris from a construction site.

 

Procedural History: Hill filed a claim based on a violation of Labor Law 240(1) and moved for summary judgment as to liability.

 

After Bronx County Supreme Court Justice Howard H. Sherman denied his motion, Hill appealed.

 

Analysis: The Appellate Division's 1st Department said the defendants established their liability through the testimony of their own witnesses.

 

Specifically, the defense witnesses confirmed that the brick had fallen out of the hands of a masonry worker several stories above the spot where Hill was working and that there was no safety netting installed in that location.

 

The court said that the absence of any overhead protective devices was a proximate cause of Hill's injuries under any of the conflicting accounts of how the accident had happened, which entitled Hill to summary judgment.

 

Disposition: Reversed.

 

To read the decision, click here.

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