PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT DENIED (Labor Law)

Plaintiff’s motion for summary judgement pursuant to Sections 240(1) and 241(6) was denied, for an injured ironworker who was standing on the ground when a steel column fell, striking a steel beam on the ground, which in turn hit plaintiff. PVRK successfully argued that the accident did not occur because of the absence of an enumerated safety device.  Additionally, we were successful in arguing that the Industrial Code Sections allegedly violated were not a proximate cause of the accident. Significantly, plaintiff sustained a fractured ankle requiring ORIF.