Priestly v. Montefiore Med. Ctr.

In this case, the plaintiff was on a demolition project and injured himself by falling from a ladder that was permanently affixed to a water cooling tower. The affixed ladder provided the only means of access to the motors upon which he was attempting to work. Several issues were involved on the appeal.

The Appellate Division, First Department held that the affixed ladder was a “device” under Labor Law Section 240(1) because it was the only means of gaining access to his elevated worksite. The Court also rejected the owner’s argument that an issue of fact existed on whether the plaintiff was provided with safety devices but refused to use them, holding that there was no evidence that the plaintiff disobeyed an immediate instruction to use a harness or other actually available safety devices. The Court also held that the testimony of the plaintiff’s supervisor that after the accident he found the ladder to be stable did not raise a triable issue of fact on whether the plaintiff’s actions were the sole proximate cause of his accident.