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THE JURY’S FINDING THAT THE SCAFFOLD PROVIDED ADEQUATE PROTECTION FOR THE PLAINTIFF IN THIS SCAFFOLD-FALL CASE WAS AGAINST THE WEIGHT OF THE EVIDENCE; NEW TRIAL REQUIRED (FIRST DEPT).

The First Department, setting aside the defense verdict and ordering a new trial in this Labor Law 240(1) scaffold-fall action, determined the scaffold did not adequately protect the plaintiff:

The scaffold on which plaintiff was working at the time of his accident failed to adequately protect him from a height-related hazard when his core drill jerked, causing him to fall backward … . “It does not matter whether plaintiff’s fall was the result of the scaffold . . . tipping, or was due to plaintiff misstepping off its side. In [either] of those circumstances, either defective or inadequate protective devices constituted a proximate cause of the accident” …  Since the remedy for a verdict that is against the weight of the evidence is a new trial … , the issues of whether defendants violated Labor Law § 240 (1), whether such violation proximately caused plaintiff’s accident and injuries, and damages should be retried. Isaac v 135 W. 52nd St. Owner LLC, 2023 NY Slip Op 06085, First Dept 11-28-23

Practice Point: In this Labor Law 240(1) scaffold-fall case, the jury’s finding that the scaffold provided plaintiff with adequate protection was deemed against the weight of the evidence. Where a jury verdict is against the weight of the evidence, a new trial is required.

 

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