Krzystof Bista v State of New York
Attorneys and Parties
Brief Summary
Construction-site injury involving a worker who fell from a ladder during a project at Farmingdale State College, raising liability under Labor Law § 240(1) [imposes on owners or general contractors and their agents a nondelegable duty, and absolute liability for injuries proximately caused by the failure to provide appropriate safety devices to workers who are subject to elevation-related risks].
The Court of Claims denied the claimant's motion for summary judgment on the issue of liability under Labor Law § 240(1).
The Appellate Division reversed the order insofar as appealed from and granted the claimant summary judgment on liability on the Labor Law § 240(1) cause of action.
The claimant's deposition testimony showed that the unsecured ladder suddenly moved and tilted left, causing his fall, which established a prima facie statutory violation. The State failed to raise a triable issue of fact that the claimant's own conduct was the sole proximate cause of the accident.
Background
The claimant alleged that he was injured when he fell from a ladder while working on a construction project at Farmingdale State College. He brought a claim against the State of New York seeking damages for personal injuries and asserted, among other things, a cause of action under Labor Law § 240(1). He then moved for summary judgment on liability on that claim.
Lower Court Decision
The Court of Claims, in an order dated May 10, 2024, denied the claimant's motion for summary judgment on the issue of liability on the Labor Law § 240(1) cause of action.
Appellate Division Reversal
The Appellate Division held that the claimant established entitlement to judgment as a matter of law because his testimony showed that the unsecured ladder moved suddenly and tilted, causing him to fall. Since a ladder that slides, shifts, tips, or otherwise fails to support a worker generally establishes a violation of Labor Law § 240(1), and the State did not present evidence creating a triable issue that the claimant was the sole proximate cause, the appellate court reversed and granted summary judgment on liability to the claimant.
Legal Significance
This decision reinforces that in ladder-fall cases, a worker can establish a Labor Law § 240(1) violation through evidence that the ladder was unsecured and shifted or tilted without apparent reason. It also underscores that comparative negligence is not a defense under the statute, and a defendant opposing summary judgment must produce evidence sufficient to raise a factual issue that the worker's conduct was the sole proximate cause of the accident.
When an unsecured ladder moves or tilts and causes a worker's fall, the worker is often entitled to summary judgment under Labor Law § 240(1) unless the defendant can show a genuine factual dispute that the worker alone caused the accident.