Case Summary : Michael J. Spence v. Island Estates at Mt. Sinai, LLC, 2010 N.Y. App. Div. LEXIS 9454 (2d Dept. 2010) (Dec. 17, 2010)

Summary : Michael J. Spence v. Island Estates at Mt. Sinai, LLC, 2010 N.Y. App. Div. LEXIS 9454 (2d Dept. 2010) (Dec. 17, 2010). Plaintiff was allegedly injured when his right foot hit a rut or deep crevice in the ground caused by a tire or tread marks. The court dismissed the §240(1) cause of action because the accident occurred at ground level and the plaintiff was not exposed to an elevation-related risk. The §241(6) claim was dismissed because the industrial codes relied on by the plaintiff was not sufficiently specific, but were merely general safety standards. With respect to the §200 and common law negligence claims, these claims were dismissed because they were based on ordinary and obvious hazards of employment.

Practice Note: The court faulted the plaintiff for performing his job “ incautiously” and therefore, the defendants were not liable.