Summary: Donald Kolb v. Beechwood Sedgewick, LLC, 2010 N.Y. App. Div. LEXIS 8489 (1st Dept. 2010) (Nov. 16, 2010). After opening an elevator door which the plaintiff voluntarily offered to do, he stepped into the elevator and fell 9 to 10 feet into the pit. The court dismissed the plaintiff’s negligence claim because the plaintiff’s independent and intervening conduct was entirely unforeseeable and he was the only one at fault.
Practice Note: The court refused to allow an amendment to the complaint where the plaintiff asserted Labor Law causes of action because they were new theories of liability and not an amplification of other theories.