Decisions of Interest
Donald Lawrance v. Turner Construction Company and Illinois Tools Works Inc.
Supreme Court, New York County, Index No. 108699/06
The plaintiff, an employee of a sub-contractor, allegedly sustained injury while hanging wire carriers when a power actuated gun jammed. Action was commenced against, among others, the general contractor of the site. Violations of Labor Law Sections 200, 240(1) and 241(6) were claimed.
The parties agreed that Labor Law Sections 240(1) and 241(6) were inapplicable to plaintiff's claims. These claims were withdrawn by stipulation. Turner thereafter moved for an order granting it summary judgment dismissing plaintiff's Labor Law Section 200 claim.
The court granted Turner's motion and dismissed plaintiff's complaint in its entirety, holding that movant's general duty to supervise work and to ensure compliance with site safety rules does not establish a violation of Section 200 of the Labor Law.