Ortega v. Fourtrax Contracting Corp.

Summary

The New York Appellate Division, Second Department, affirmed an order granting defendants summary judgment dismissing the plaintiff’s Labor Law § 240(1) claim and denying the plaintiff’s cross-motion for summary judgment. The court held that injuries caused when a dolly and sheetrock tipped over did not arise from an elevation-related or gravity-related risk within the statute’s scope.

Holdings

1. The accident did not involve the type of elevation-related or gravity-related risk protected by Labor Law § 240(1), because the sheetrock and dolly were being transported across the floor rather than being hoisted or secured, and the object did not require securing for purposes of the undertaking.
2. Defendants were entitled to summary judgment dismissing the Labor Law § 240(1) cause of action.
3. Plaintiff was not entitled to summary judgment on liability under Labor Law § 240(1).

Questions Presented

1. Whether the accident involving a dolly and sheetrock presented an elevation-related or gravity-related risk within the scope of Labor Law § 240(1).
2. Whether defendants were entitled to summary judgment dismissing plaintiff's Labor Law § 240(1) cause of action.
3. Whether plaintiff was entitled to summary judgment on liability under Labor Law § 240(1).

Disposition

affirmed