Perri and Popadiuk Obtain Concession from Plaintiff that Labor Law § 240(1) was Inapplicable in a Construction Accident Case Involving a Fall from a Height
June 2, 2025 / News
Plaintiff was employed as an electrician when he allegedly sustained personal injuries as a result of slipping or tripping on a raised mound of dirt that was hard and falling into a two-foot ditch outside of the entrance to the construction site. When moving for summary judgment on behalf of our subcontractor client, we argued, in part, that Labor Law § 240(1) did not apply because despite there technically being a fall from a height, the accident did not involve the type of elevation-related hazard contemplated by the statute. In opposition to our motion, Plaintiff expressly conceded that Labor Law § 240(1) was not implicated.
Carl M. Perri
Gregory J. Popadiuk