In Wray v. Morse Diesel Int’l Inc., the Appellate Division, First Department seems to have broadened what will qualify an entity as a statutory agent under Labor Law sec. 200 and common-law negligence.  Plaintiff commenced an action against a construction site’s project manager for injuries he sustained within the scope of his employement when concrete debris fell on him from a ceiling at a construction site.  The project manager did not have direct supervisory control over the plaintiff but, instead, gave work instructions to the plaintiff’s employer, which was the general contractor on the job.  The project manager also assumed responsibility for safety oversight and had authority to issue stop-work orders for violations of safety protocols.  The First Department concluded that using an intermediary to give the plaintiff his daily work assignments did not shield the project manager from falling within the ambit of a statutory agent for section 200 or common-law negligence purposes.  Justice Andrias’ dissent offers a markedly different view of the facts.

The Court of Appeals’ recent decision Walls v. Turner Construction Co. regarding statutory agency under the Labor Law is provided as background.