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Scaffold Case Falls

No Viable Scaffold Law Claim for Worker who Fell from Billboard:

 

A New York appellate court ruled that a worker who fell from an elevated billboard structure while changing out the advertisement being displayed could not assert a viable claim under Labor Law Sections 240 or 241(6).

 

Case: Saint v. Syracuse Supply Co., No. 56 CA 13-00262, 10/04/2013, published.

 

Facts: Joseph Saint suffered injuries when he fell from an elevated billboard structure during the course of changing the advertisement on it. He filed suit against the Syracuse Supply Co. for violations of Labor Law Sections 240 and 241(6).

 

Procedural History: Erie County Supreme Court Justice Frederick J. Marshall denied Syracuse's motion for summary judgment, dismissing Saint's claim.

 

Analysis: The Appellate Division's 4th Department said that Saint had no viable claim based on either Labor Law section.

 

The court explained that applying a new advertisement to the face of a billboard does not constitute the "altering" of a building or structure for purposes of Section 240. And since Saint was not engaged in construction work, the court said Section 241(6) did not apply to him.

 

Disposition: Reversed.

 

To read the decision, click here.

 

Source: WorkCompCentral

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