SUMMARY JUDGMENT DENIED TO PLAINTIFF PURSUANT TO SECTION 240(1) OF THE LABOR LAW, DESPITE FALL FROM A LADDER (Cha v. Rehoboth Nail)

Thomas Maher successfully defeated a summary judgment application under Section 240(1) of the Labor Law in an action where the injured plaintiff fell from a ladder while performing renovation work in our client’s store. Despite plaintiff’s testimony and the lack of eyewitness to refute plaintiff’s claim that he fell from a ladder, Mr. Maher cited to multiple statements contained in plaintiff’s medical records, which either made no mention of a fall from a ladder or described the accident as occurring while plaintiff was hit by an object while standing on a ladder, without falling to the ground. In denying plaintiff’s motion for summary judgment, the Court found that the statements contained within plaintiff’s medical records created a question of fact as to whether the condition of the ladder was a proximate cause of the accident.

Should you have any questions on this successful defense action, please contact Mr. Maher directly