Sougstad v OLP Hauppauge, LLC
Attorneys and Parties
Brief Summary
A construction-site personal injury case involving an ironworker who was dragged and injured by a swinging steel I-beam while unloading and sorting steel with a crane.
The Supreme Court, Suffolk County, denied the plaintiff's motion for summary judgment on liability under Labor Law § 240(1) [imposes a nondelegable duty on owners, contractors, and their agents to provide workers proper protection from elevation-related hazards], Labor Law § 241(6) [imposes liability for violations of specific construction safety rules], and common-law negligence against Dave Sandel Cranes, Inc.
The Appellate Division reversed only the denial of summary judgment on the Labor Law § 240(1) claim against OLP Hauppauge, LLC and LMJ Management & Construction, Inc., and otherwise affirmed. The cross-appeal was deemed dismissed.
The plaintiff's deposition testimony and the crane operator's testimony established that the steel beam was being hoisted, required securing for the work being performed, and that the injury flowed directly from the force of gravity acting on the beam. OLP and LMJ failed to raise a triable issue of fact in opposition.
Background
The plaintiff, an ironworker, was working at a construction site unloading steel beams from a truck and 'shaking out' the steel using spreader hooks attached to a crane. He and a coworker used the hooks like a pendulum to move one beam from one pile to another. The beam was initially about five feet above the ground. When the coworker let go, the beam swung away from the crane, dropped to about three feet, struck a pile of steel on the ground, and jerked the plaintiff forward, causing injury.
Lower Court Decision
The lower court denied the plaintiff's request for summary judgment on liability on his causes of action under Labor Law § 240(1), Labor Law § 241(6), and common-law negligence. It therefore left those claims for further litigation rather than ruling in the plaintiff's favor as a matter of law.
Appellate Division Reversal
The Appellate Division modified the order by granting the plaintiff summary judgment on liability under Labor Law § 240(1) against site owner OLP Hauppauge, LLC and general contractor LMJ Management & Construction, Inc. The court held that this was a gravity-related hoisting accident covered by the statute. It affirmed the denial of the plaintiff's other requested relief, including summary judgment on Labor Law § 241(6) and common-law negligence against Dave Sandel Cranes, Inc., and awarded costs to Dave Sandel Cranes, Inc., payable by the plaintiff.
Legal Significance
This decision reinforces that Labor Law § 240(1) applies not only when an object falls directly onto a worker, but also when a hoisted object swings or moves in a way that causes injury, so long as the harm flows directly from gravity. Relying on Runner v New York Stock Exchange, Inc., the court treated the swinging steel beam as a gravity-related hazard because it was being hoisted and required securing for the task.
When a worker is injured by a hoisted load that swings or drops during crane work, owners and general contractors may face absolute liability under Labor Law § 240(1) if the object required securing and the injury resulted from gravity-related movement.