Falling Object

In Tria v. Regis High School (decided April 14, 2014), the court granted plaintiff’s motion for summary judgment on his Labor § 240(1) claim, but denied it with respect to plaintiff’s Labor Law § 241(6) claim. Plaintiff was injured when, while unloading a tractor trailer of press board panels and stacking them on an A frame dolly, the…

Read More Court Considers Weight and Force Generated By Falling Object in Granting Injured Worker Summary Judgment on Labor Law 240(1) Claim

In a June 7, 2012 decision in Arsenault v. New York State, the Appellate Division, Third Department dismissed plaintiffs’ claims (and reversed an earlier decision, which I wrote about here) arising from plaintiff’s decedent being struck and killed by falling rocks while hiking in a state park.  The Court of Claims had denied summary judgment…

Read More State Not Liable for Hiker Death