93 A.D.3d 487, 940 N.Y.S.2d 62 (1st Dept. 2012) (Mar. 13, 2012)
Plaintiff was injured when he was struck by a pipe that was in the process of being hoisted. The court held that the plaintiff’s actions were not the sole proximate cause nor was he a recalcitrant worker.
Practice Note: Even though the plaintiff may have ignored warning, he was following his supervisor; therefore, liability attached under §240(1).
Topics: Falling Objects, Recalcitrant Worker, Sole Proximate Cause