Summary
This New York Appellate Division decision addresses whether federal aviation regulations preempt state labor law and common-law negligence claims brought by a lineman injured when a helicopter he was using as an elevated work platform crashed. The court affirmed the trial court's denial of the defendant's motion to dismiss, holding that the helicopter functioned as construction equipment rather than an aircraft engaged in transportation, and thus the state's occupational safety laws were not preempted by the Federal Aviation Act. A dissenting opinion argued that the accident was inherently tied to air safety and should have been governed by federal standards.
Topics
Practice areas
Questions Presented
- Whether the plaintiff's state‑law negligence and Labor Law claims are preempted by federal aviation law
- Whether the appellate division should affirm the lower court's denial of the motion to dismiss
Holdings
- The appellate division affirmed the lower court, holding that the claims are not preempted because the helicopter functioned as a construction device and the plaintiff's allegations arise under New York’s occupational‑safety police power, not the field of air‑safety regulation.
Key quotations
“The federal preemption doctrine has its roots in the Supremacy Clause of the United States Constitution, and federal preemption of state laws generally can occur in three ways: where Congress has expressly preempted state law, where Congress has legislated so comprehensively that federal law occupies an entire field of regulation and leaves no room for state law, or where federal law conflicts with state law.” (*2)
“Courts do not readily assume preemption . . . , and in the absence of compelling congressional direction, courts will not infer that Congress has deprived the States of the power to act.” (*2)
Factual background
Plaintiff Brandon Scaletta, a helicopter lineman, was working from a platform attached to a helicopter when the rotor struck a power‑line structure on June 18, 2021 in Bethel, Sullivan County. The helicopter spun out of control and crashed, causing serious injuries to Scaletta. He sued Michels Power, Inc., the general contractor, alleging negligence and violations of New York Labor Law §§ 200, 240, 241 and related occupational‑safety regulations.
Procedural history
The Supreme Court of Sullivan County denied the defendants' motions to dismiss the complaint on March 1, 2024. Scaletta appealed that order to the Appellate Division, Third Department.