Mark Forssell v. Randy Lerner

2012 N.Y. App. Div. LEXIS 8429 (Dec. 12, 2012)

Plaintiff, at the time of his injury, was using a table saw which because of an overload the saw skipped and came in contact with his hand. The court determined that the plaintiff’s §200 claim involved a “means and methods” situation and there were issues of fact as to whether the defendant had authority to supervise and control the performance of the plaintiff’s work.

Practice Note: The case also involved a claim by the plaintiff against the manufacturer of the saw, which provides an interesting analysis within the context of a Labor Law claim.

Topics: Industrial Code Regulations; Manner and Methods; General Supervisory Authority; Unforeseeable Intervening Act Defense