Decisions of Interest
Richard J. Erickson v. Cross Ready Mix; Turner Construction Company v. Commodore Construction Corp.
Supreme Court, New York County, Index No. 011947/05
The plaintiff, an employee of the third-party defendant, commenced an action against, among others, Turner Construction Company, the general contractor of the work site. Plaintiff allegedly sustained injury when he was struck by the chute of a cement truck delivering mortar at the site.
Violations of Labor Law Sections 200, 204(1) and 241(6) were claimed. The court granted Turner’s motion for summary judgment. Specifically, it held that the loss was not a “height related risk” as contemplated by Labor Law Section 240(1).
In dismissing plaintiff’s Labor Law 241(6) cause of action, the court agreed with the defendant’s contentions that no specific Industrial Code violations by the defendant were asserted by the plaintiff which would raise a triable issue of fact on this claim.
Lastly, in dismissing plaintiff’s Labor Law Section 200 claim the court agreed that Turner Construction Company’s general supervisory authority at the site was insufficient to impose liability under this statute.