Sztachanski v. Morse Diesel Int’l

Although the place at which the plaintiff injured himself has an ironic name, “New York Civil Law” does not want to undercut the seriousness of the plaintiff’s injury.

In this case, the Appellate Division, Second Department granted the plaintiff’s directed verdict motion on his Labor Law Section 240(1) claim because the defendants failed to provide the injured plaintiff with “proper protection” and that failure proximately caused the accident. The plaintiff was injured while painting a portion of the ceiling in the Big Bang Room at the Rose Center for Earth and Space while standing on a closed, A-frame ladder. The ladder was leaned against a wall when it slid out from underneath him. The walls in the BBR were curved, and that is why the plaintiff had to used the A-frame ladder in a closed position. The Court did not discuss whether the ladder was defective.

This case demonstrates that the Appellate Division Departments are following the rule the Court of Appeals reaffirmed in Blake v. Neighborhood Hous. Servs. of N.Y. City. Also, the case reaffirms that even if the ladder is not shown to be defective, if evidence demonstrates that it moved, slipped, or otherwise failed, the courts will likely hold that the safety device did not constitute “proper protection” and that the inadequacy of the protection was the proximate cause for plaintiff’s injuries.