The Chase Sensale Group Logo

Reversal of the Dismissal Electrician's Claim

 Court Reverses Dismissal of Electrician's Labor Law Claim Based on Fall from Ladder:

 

 

A New York appellate court revived an injured electrician's Labor Law claim based on his fall from a ladder and ordered that judgment be summarily entered in his favor on this claim.

 

Case: Blanco v. NBC Trust, Nos. 13395 113865/10 and 590234/11, 11/06/2014, published.

 

Facts: Jeffrey Blanco, an electrician, suffered injuries in a fall from a ladder while he was replacing the ballast on a light fixture.

 

Procedural History: Blanco filed a claim based on Labor Law Section 240(1), but New York Supreme Court Justice Milton A. Tingling summarily dismissed it.

 

Analysis: The Appellate Division's 1st Department explained that Section 240(1) imposes a nondelegable duty upon property owners to provide fall protection to workers engaged in the "erection, demolition, repairing, altering, painting, cleaning or pointing" of a building.

 

The court noted that the statute does not extend to injuries incurred in the course of "routine maintenance work," but reasoned that the evidence established that Blanco's work was being performed in the context of a large renovation project.

 

Thus, given the undisputed evidence as to how the accident occurred, and absence of evidence showing Blanco's conduct was to blame for his fall, the court said he was entitled to summary judgment on his Section 240(1) claim.

 

Disposition: Reversed.

 

To read the decision, click here.

Back to news >>>