William O'Donnell v. Rocklyn Ecclesiastical Corp., et al.

Summary

The Appellate Division, Second Department reversed an order denying the plaintiff's motion for summary judgment in a personal injury action arising from a fall into an unprotected construction-site trench. The court held that the plaintiff established violations of Labor Law § 240(1) and 12 NYCRR 23-1.7(b)(1), and that the defendants failed to raise a triable issue of fact regarding sole proximate cause or causation. The court granted summary judgment on liability for those claims.

Holdings

1. The plaintiff established prima facie entitlement to summary judgment on liability under Labor Law § 240(1) by demonstrating that the defendants failed to provide an adequate safety device and that this violation was a proximate cause of his injuries.
2. The plaintiff established prima facie entitlement to summary judgment on liability under Labor Law § 241(6) to the extent the claim was predicated on 12 NYCRR 23-1.7(b)(1), because the defendants failed to provide a substantial cover or safety railing for the trench and the violation proximately caused his injuries.

Questions Presented

1. Whether the plaintiff was entitled to summary judgment on liability under Labor Law § 240(1) based on the defendants' failure to provide an adequate safety device and whether the defendants raised a triable issue that the plaintiff was the sole proximate cause of his injuries.
2. Whether the plaintiff was entitled to summary judgment on liability under Labor Law § 241(6) predicated on a violation of 12 NYCRR 23-1.7(b)(1), and whether the defendants raised a triable issue regarding violation or proximate cause.

Disposition

reversed