Banks V. Lpciminelli, Inc.

125 A.D.3d 1334 (4th Dept. 2015) February 6, 2015

Plaintiff was injured when he tried to lift a bundle of insulation to a worker above him. The bundle fell, hitting plaintiff on his head. Plaintiff’s Labor Law §241(6) claim was dismissed since the accident did not involve hoisting equipment, rendering regulations 12 NYCRR 23-6.1(c) and 23-7.1(c) inapplicable. Plaintiff’s motion for summary judgment was denied because there was an issue of fact as to whether plaintiff’s actions were the sole proximate cause of his injuries, since a boom lift was available for use when lifting heavy materials.

Practice Note: Defendant raised an issue of fact as to plaintiff’s actions being the sole proximate cause as there was evidence that plaintiff elected not use a safe piece of equipment.

Topics: Industrial Code Regulations; Sole Proximate Cause