In a labor law case in which a Plaintiff was injured while on a ladder, DSB successfully moved for summary judgment in Supreme Court, Nassau County, dismissing plaintiff’s Labor Law section 240 and 200 claims. Plaintiff claimed that he injured his eye and back while on a ladder removing debris and fireproofing. Plaintiff testified that he was using a ladder at the time of the accident but that the ladder did not move or shift and that the ladder was not in any way defective. The evidence showed that plaintiff was injured when a brush on a grinder contacted his eye, causing injury. With the Labor Law sections 240 and 200 claims dismissed, the only remaining claim is based on Labor Law section 241(6), which allows the defense of comparative negligence. This is significant in that plaintiff also admitted to using eye protection at the time of the accident.
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