Decisions of Interest
Thompson v. BFP 300 Madison II, LLC, et al
Appellate Division, First Department, Index No. 106770/07
In a decision dated May 8, 2012, the Appellate Division, First Department unanimously affirmed the dismissal of plaintiff’s Labor Law 200 and 241(6) causes of action. Plaintiff, an experienced carpenter and foreman, sustained injuries when he flipped a fan coil box (a piece of equipment utilized by the HVAC contractor) into a vertical position and attempted to slide it toward a sheetrock wall.
Malapero & Prisco successfully argued that Labor Law §200 and common law negligence causes of action were inapplicable, as plaintiff received his work instructions, directions, and supervision from his employer. Therefore, the insured defendants lacked the requisite actual or constructive notice of any hazardous conditions on the subject floor at the time of the incident. Additionally, Malapero & Prisco argued that plaintiff’s Labor Law §241(6) cause of action was inapplicable on the grounds that he failed to allege relevant concrete particularized Industrial Code violations that were the proximate cause of his injuries. Furthermore, it was contended that plaintiff’s actions in attempting to handle and move the fan coil box in an unassisted manner constituted the sole proximate cause of this incident.
The Court ultimately concluded that the insured defendants exercised no supervision or control over the plaintiff’s work and that plaintiff’s injuries were caused not by a dangerous condition on the work site, but by the method or manner in which plaintiff chose to accomplish his assigned task.