The First Department, reversing Supreme Court, determined the plaintiff in this Labor Law 240 (1) and 241 (6) action could not be the sole proximate cause of his injuries because he was following the directions of his foreman when struck by an improperly hoisted load:
Plaintiff Samuel Hayek demonstrated prima facie entitlement to summary judgment on his Labor Law § 240(1) claim, where the undisputed evidence showed that he was injured when struck by an improperly hoisted or inadequately secured load of L-shaped steel rebar weighing between 2000 and 3000 pounds, while doing construction work at defendant Metropolitan Transportation Authority’s Eastside Access project … .
In opposition, defendants failed to raise a triable issue as to the statutory violation and whether plaintiff was the sole proximate cause of his injury. Given the undisputed evidence that plaintiff was following the directions of his foreman at the time of his injury, plaintiff cannot be the sole proximate cause of his injuries … . Hayek v Metropolitan Transp. Auth., 2021 NY Slip Op 04103, First Dept 6-29-21