Labor Law § 200, 240 and 241

Plaintiff was injured when he was unloading sheetrock from a hoist that had been used to deliver the material to the 37th floor of the building under construction. The hoist suddenly dropped down the shaft and fell 13 stories, pulling plaintiff down with it. Evidence established that the shaft's safety bar was not engaged when the hoist went down. Had the gate and safety bar been in place, plaintiff would not have fallen.

On these facts, the First Department granted plaintiff summary judgment on his Labor Law § 240(1) claim, in Campbell v. Columbus Ctr., which was decided on February 21, 2008. The court noted that summary judgment was also appropriate under Labor Law § 241(6), since there was a failure to comply with the sufficiently specific Industrial Code (12 NYCRR) § 23-6.3(d)(4), requiring that the gates at a hoistway entrance be kept closed when the car is not at the entrance. Finally, the court said that plaintiff was entitled to summary judgment on his Labor Law § 200 claim against the construction manager, which employed and had supervisory control over the hoist's operator and the signalmen who worked with him.

New York practice point: On these facts, there was no viable claim under Labor Law § 241(5), since it relates only to the construction of a material hoist, and not to its operation.