July 2010.  Lewis Johs Attorney Brian J. Greenwood successfuly obtained a summary judgment in a labor law case.  This matter involves a man utilizing a portable toilet at a construction site which was provided by Lewis Johs' client.  The plaintiff arrived at the work site and immediately used the portable toilet.  After utilizing the toilet, the plaintiff began to exit when the unit shifted and tipped forward, causing him to fall out of the unit and sustain a significant injury to his foot and ankle.  Plaintiff alleged that the unit was placed up on a curb, on top of some debris, making it both elevated and unsafe.

This case contained four causes of action as against Lewis Johs' client; a cause of action sounding in general negligence and causes of action predicated on Labor Law 200, 240, and 241(6).  Brian moved for summary judgment arguing that Lewis Johs' client did not place the toilet in the location of plaintiff's incident and, therefore, Lewis Johs' client was not liable under the theory of general negligence or Labor Law 200.

In addition, Brian argued that the Labor Law was not applicable to Lewis Johs' client as the client was not an owner, general contractor or agent with authority to direct, supervise or control the work of the plaintiff.  Brian also argued that Labor Law 240 was not applicable as there was no elevation related risk associated with erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.  Further, Brian argued 241(6) was not applicable because there was no industrial code violations that could be a predicate for liability.  Finally, Brian argued the incident did not occur as a result of construction, demolition or excavation as required under the statute.

The Court granted Lewis Johs' motion, dismissing all four causes of action.