Worker's fall from a ladder.

Practice point: Plaintiff testified that while cleaning the top shelves of a closet, in an apartment that was undergoing a gut renovation, the A-frame ladder on which she was standing tipped over, and she fell to the ground with the ladder falling on top of her. The court found that plaintiff had made out a prima facie case of liability, and dismissal of the Labor Law 240(1) cause of action was improper. 

Student note: The court, however, denied summary judgment to plaintiff. The manner of the happening of the accident is within plaintiff’s exclusive knowledge, and the only evidence submitted in support of defendants' liability is plaintiff's account. Defendants should have the opportunity to subject plaintiff's testimony to cross-examination to explore whether she misused the ladder and was the sole proximate cause of the accident, and to have her credibility determined at trial.

Case: Grant v. Steve Mark, Inc., NY Slip Op 05075 (1st Dept. 2012).

Here is the decision.

 Thursday’s issue: Leave to file a late notice of claim, and the continuous treatment doctrine.