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UNCONTESTED TESTIMONY A WHEEL ON A HAND-PROPELLED DEBRIS CONTAINER STOPPED TURNING FREELY AS PLAINTIFF WAS MOVING IT (CAUSING INJURY) REQUIRED DENIAL OF DEFENDANT’S SUMMARY JUDGMENT MOTION IN THIS LABOR LAW 241 (6) ACTION.

The First Department, reversing Supreme Court, determined defendant’s motion for summary judgment in this Labor Law 241 (6) action should not have been granted. Plaintiff was using a hand propelled wheeled container containing 500 to 800 pounds of construction debris when, it is alleged, one of the wheels allegedly stopped turning intermittently. When plaintiff pulled hard the container came to rest on his foot. The Industrial Code requires such containers to have “free-running” wheels:

Plaintiff testified that immediately before the alleged accident, he struggled to move the mini-container after the wheel apparently became stuck, and that as a result, he was injured when the mini-container rolled onto his foot when he forcefully pulled it in an attempt to move it. This uncontradicted testimony presents a question of fact on whether the wheels on the mini-container were “free-running” as required by 12 NYCRR 23-1.28(b) … . Ahern v NYU Langone Med. Ctr., 2017 NY Slip Op 01264, 1st Dept 2-16-17

LABOR LAW-CONSTRUCTION LAW (UNCONTESTED TESTIMONY A WHEEL ON A HAND-PROPELLED DEBRIS CONTAINER STOPPED TURNING FREELY AS PLAINTIFF WAS MOVING IT (CAUSING INJURY) REQUIRED DENIAL OF DEFENDANT’S SUMMARY JUDGMENT MOTION IN THIS LABOR LAW 241 (6) ACTION)/INDUSTRIAL CODE (LABOR LAW-CONSTRUCTION LAW, UNCONTESTED TESTIMONY A WHEEL ON A HAND-PROPELLED DEBRIS CONTAINER STOPPED TURNING FREELY AS PLAINTIFF WAS MOVING IT (CAUSING INJURY) REQUIRED DENIAL OF DEFENDANT’S SUMMARY JUDGMENT MOTION IN THIS LABOR LAW 241 (6) ACTION)

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