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Labor Law Claim for Jump from Truck Bed

 State: N.Y.


Worker Can Pursue Some Labor Law Claims for Injuries from Jumping from Truck Bed


A New York appellate court ruled that a construction worker was not entitled to proceed with his Labor Law Section 240(1) claim based on his injuries from jumping from the bed of a truck, but that he could pursue his Section 200 and negligence claims predicated on the allegedly dangerous condition of the work site.


Case: Biscup v. E.W. Howell Co., No. 2013-05234, 08/06/2014, published.


Facts: Scott Biscup allegedly suffered injuries at an E.W. Howell construction site when he jumped from the back of a flatbed truck and slipped in mud.


Procedural History: Biscup sued E.W. Howell for violations of Labor Law Sections 200, 240(1) and 241(6), as well as negligence. E.W. Howell moved for summary judgment dismissing Biscup's claims, but Nassau County Supreme Court Justice Antonio Brandveen denied its motion.


Analysis: The Appellate Division's 2nd Department said that E.W. Howell was entitled to the dismissal of Biscup's Section 241(6) claim since Biscup, on appeal, conceded that the Industrial Code provision he was relying upon to establish the violation of Section 241(6) was inapplicable.


The court said E.W. Howell was also entitled to the dismissal of Biscup's Section 240(1) claim since the 4-to- 5-foot descent from a flatbed trailer does not present the sort of elevation-related risk that triggers that statute's protections.


However, the court said E.W. Howell was not entitled to summary judgment on Biscup's negligence and Section 200 claims since E.W. Howell failed to establish the absence of triable issues of fact as to whether it had control over the work site or constructive or actual notice of a dangerous condition there.


Disposition: Affirmed as modified.


To read the decision, click here.

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