New York Court Finds Iron Worker Who Fell Thirty Feet at Construction
Site to Be Sole Proximate Cause of His Accident
June 5, 2006
HAWTHORNE, New York -- TRAUB EGLIN LIEBERMAN
STRAUS LLP (TELS) is pleased to announce that the Supreme
Court of Westchester County granted TELS motion for summary
judgment in a recent Labor Law case, finding that an injured
iron worker who fell at a construction jobsite was the sole
proximate cause of his own accident. Plaintiff’s settlement
demand prior to the decision was $2 million.
In Niedzinski v. Losco Group, Inc.,
et al., the Plaintiff was an iron worker who was directed
by his foreman to help guide the delivery of steel to the
second floor of a building under construction. Instead of
using an available extension ladder to reach the second floor,
the Plaintiff decided to take a shortcut and began walking
atop a rebar studded wall. The wall was only 8-10 inches wide,
and had pieces of rebar sticking out approximately every 12
inches. While taking his shortcut, the Plaintiff tripped on
the rebar, falling approximately 30 feet to the ground below.
The Plaintiff claimed to have suffered significant injuries
requiring surgery.
The Plaintiff then filed suit against the
general contractor. The general contractor impleaded plaintiff’s
employer, who in turn impleaded TELS’ client who had
constructed the wall. In his lawsuit, the Plaintiff alleged
violations of Labor Law §§ 240(1), 241(6) and 200.
During a re-deposition of the plaintiff after TELS’
client was added to the case, the Plaintiff testified that
he decided to forego the extension ladder and use his shortcut
because it would have taken too much time to go up and down
the ladder, and reposition same for each delivery of steel.
TELS attorneys Mario Castellitto and Lisa
Black defended the case. Relying on the evidence of other
alternative safety devices developed by TELS, all of the Defendants
moved to have the case dismissed in its entirety. In the motion
for summary judgment, all parties argued that the Plaintiff
could have used the extension ladder to safely access the
second floor. Plaintiff alone decided to take the risky shortcut,
and was therefore responsible for his own accident.
The Court agreed with TELS' arguments,
finding that the Plaintiff alone chose to cross the rebar
studded wall in a "tightrope walk fashion rather than
use an available extension ladder." The Court dismissed
the Plaintiff’s claim in its entirety, and determined
that the Plaintiff was indeed the sole proximate cause of
the accident.
The Niedzinski decision is encouraging
in that it demonstrates that trial courts are taking a closer
look at Labor Law cases in light of the recent decisions by
the Court of Appeals. It appears the Courts are not automatically
finding a violation simply because an injured worker fell
from a height. Despite this trend, defendants must continue
to challenge the application of the Labor Law whenever appropriate.
The case involved was Niedzinski v.
Losco Group, Inc., et al. (Supreme Court of the State
of New York, Westchester County, Index Number 6645/03).
TELS congratulates Mr. Castellitto and
Ms. Black for their success in defending this complex Labor
Law case. For more information on Mr. Castellitto, a partner
with TELS, please visit:
www.tels.com/attorneys/mariocastellitto/
And to learn more about Ms. Black, an associate
in the law firm's New York office, please review her C.V.
online at:
www.tels.com/attorneys/lisablack/
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