Posted in on December 18, 2018
Lewis Johs Partner Mark R. Aledort recently prevailed on a Bronx County Supreme Court motion for summary judgment in a Labor Law case on behalf of an owner and general contractor. While Plaintiff was installing guardrails near a Cross Bronx Expressway overpass, a tractor trailer travelling under the overpass struck electrical conduits, which fell on the plaintiff. Plaintiff alleged that the clients did not properly close the lanes and that the injury involved a fall from a height, rendering the clients liable under Labor Law Section 240 (as well as sections 200 and 241(6)).
The court dismissed the Labor Law 200 and 241(6) claims as Mark established that lane closures followed New York State guidelines and that plaintiff’s expert’s opinions were based on speculation. The court also dismissed the Labor Law 240 claim, finding that no safety devices were required (other than the lane closures) and there was no reason to provide overhead safety devices.