Mary Imbriale V. Richter & Ratner Contracting Corp.

103 A.D. 478, 960 N.Y.S.2d 9 (1st Dept.) (February 14, 2013)

In affirming the lower court’s granting of the plaintiff’s §240(1) claim, the court on the plaintiff’s renewal motion held that there was not any evidence that the deceased plaintiff knew that the suction cups that were available could be used to anchor the top of the ladder, or that the plaintiff had been directed to use them or knew that he was expected to use them for that purpose.

Practice Note: The application of the sole proximate cause defense is very fact specific.

Topics: Failure to Provide Protection; Recalcitrant Worker; Sole Proximate Cause