Marc A. Nicometi v. Vineyards of Fredonia, LLC

2013 N.Y App. Div. LEXIS 4382 (4th Dept.) (June 14, 2013)

The plaintiff claims to have fallen when the stilts that he was working on slipped on ice. The court held in a 3-2 decision that even though the plaintiff was performing an activity associated with the effects of gravity, there were issues of fact as to whether the plaintiff’s actions were the sole proximate cause of his injuries. The dissent disagreed that there were issues of fact on the sole proximate cause defense.

Practice Note: The question of fact involved whether the fall resulted from the plaintiff’s own misuse of the safety device. The dissent contended that the accident was caused by the stilts being improperly placed.

Topics: Sole Proximate Cause; Defective or Inadequate Safety Equipment