Labor Law claims for falling at the construction site.

Practice point: Plaintiff-stonemason alleged that he was injured when he tripped over a small stone while carrying a 100-pound stone across an open, grassy area. The small stone was either created during the delivery of the stones to the worksite, or when the larger stones were sized by plaintiff and his coworkers.

The § 240(1) cause of action was dismissed because the record established that the impetus for the heavy stone's fall was plaintiff's tripping on ground-level, rather than the direct consequence of gravity.

Student note: Plaintiff did not have a viable § 241(6) claim. The Industrial Code provisions relied upon, 12 NYCRR 23-1.7(d) and 12 NYCRR 23-2.1(a)(1), were inapplicable since the accident occurred in an open, grassy area, rather than a passageway or walkway. Moreover, the small stone on which plaintiff allegedly fell was an unavoidable and inherent result of the work being performed at the site.

Case: Ghany v. BC Tile Contrs., Inc., NY Slip Op 04211 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Prima facie torts.