Jeffrey Tesoro v. BFP 300 Madison II, LLC

98 A.D.3d 1031, 950 N.Y.S.2d 779 (2d Dept. 2012) (Sept. 19, 2012)

Plaintiff twisted his left knee while he and co-workers were pushing an A-frame cart loaded with sheetrock up a ground level loading dock ramp. He stated he injured himself “just pushing the frame” and there was nothing wrong with the ramp. The court dismissed the §241(6) claim because the Industrial Codes relied upon were not applicable.

Practice Note: 12 N.Y.C.R.R. §23- 1.7(f) was not applicable because the accident occurred on a permanent concrete ramp that was part of the building.

Topics: Permanent Fixture or Structure; Industrial Code Regulations; Comparative Negligence