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CLAIMANT WAS INJURED WHEN A TRUCK STRUCK THE BASKET OF THE MAN LIFT SHE WAS USING; THE FACT THAT CLAIMANT DIDN’T FALL FROM THE BASKET DID NOT WARRANT THE DISMISSAL OF THE LABOR LAW 240(1) CAUSE OF ACTION (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, determined the Labor Law 200 and 240(1) causes of action should not have been dismissed. Claimant was in the basket of a man lift when a car carrier (truck) struck the basket causing it to “ricochet back and forth/” The fact that claimant didn’t fall from the basket did not take the incident outside the scope of Labor Law 240(1):

The Court of Claims erred in granting that branch of the defendant’s motion which was for summary judgment dismissing the Labor Law § 240(1) cause of action. The defendant failed to demonstrate its prima facie entitlement to judgment as a matter of law. “The fact that the plaintiff did not actually fall from the [basket] is irrelevant as long as the ‘harm directly flow[ed] from the application of the force of gravity to [her] person'” … . Johnsen v State of New York, 2022 NY Slip Op 04540, Second Dept 7-13-22

Practice Point: Here claimant was in the basket of a man lift when a truck struck the basket causing it to “ricochet back and forth.” The fact that claimant didn’t fall from the basket did not support the dismissal of the Labor Law 240(1) cause of action. Labor Laq 240(1) requires that the injury directly flow from the “application of gravity” to the person.

 

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