Case Summary : Edison Clavijo v. Universal Baptist Church, 76 A.D.3d 990, 907 N.Y.S.2d 515 (2d Dept. 2010) (Sept. 22, 2010)

Summary: Edison Clavijo v. Universal Baptist Church, 76 A.D.3d 990, 907 N.Y.S.2d 515 (2d Dept. 2010) (Sept. 22, 2010). At the time of his injury, the plaintiff was standing on a ladder drilling a hole into a cement wall. As he was drilling, the power tool twisted causing him to injure his arm. The court dismissed the §241(6) cause of action holding that some of the Industrial Codes were inapplicable or that others were not the proximate cause of plaintiff’s injuries (i.e. the failure to secure the ladder was not a proximate cause of the accident). As to the §200 claim, the court did not dismiss the claim because the defendants failed to establish, prima facie, that they did not have the authority to supervise or control the performance of the work.

Practice Note: The fact that a ladder was being used does not automatically involve a Labor Law violation.