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Successful Appeal regarding Labor Law § 240(1) and Plaintiff’s Alleged Injury

Hodgson Russ attorneys Ryan J. Lucinski and Patrick J. Hines successfully handled an appeal that focused on the requirement that a violation of Labor Law § 240(1) cause the plaintiff’s alleged injury. Hodgson Russ represented a construction firm in a lawsuit filed by a worker who tripped and fell on a site run by the firm. The plaintiff claimed he was working on raised concrete slab, when he tripped over demolition debris, causing major injury to his ankle. He then fell from the slab, suffering other, minor injuries. After discovery, the trial court granted summary judgment to the construction firm dismissing all claims related to the ankle injury, including plaintiff’s Labor Law § 240(1) claim.  The trial court found no causal relationship between plaintiff’s 240 claim and his ankle injury.  The Appellate Division, Fourth Department, unanimously affirmed that decision.