Jose Pilapanta v. Hudson 888 Owner, LLC, et al.
Attorneys and Parties
Brief Summary
Construction site ladder fall; New York Labor Law (NYLL) § 240(1) [imposes absolute liability on owners and contractors for failing to provide proper elevation-related safety devices, such as ladders and scaffolds, to protect workers from gravity-related risks].
Denied plaintiff’s motion for partial summary judgment on the NYLL § 240(1) claim, finding plaintiff’s testimony insufficient and relying on a case where there was no evidence the ladder moved.
The denial of partial summary judgment; the Appellate Division granted plaintiff summary judgment on the NYLL § 240(1) claim.
Plaintiff’s testimony that a locked, stable A-frame ladder suddenly shifted for no apparent reason, causing his fall, raised a presumption of a § 240(1) violation; defendants failed to raise a triable issue because neither medical records nor a supervisor’s observation of the ladder standing afterward rebutted that the ladder was an inadequate safety device.
Background
Plaintiff was drilling metal framing into a ceiling while standing on the fourth step of a locked A-frame ladder. He testified the ladder suddenly moved and fell for an unknown reason, causing him to fall. Minutes later, a site superintendent arrived and found plaintiff on the floor and the ladder standing upright.
Lower Court Decision
The Supreme Court, New York County, denied plaintiff’s motion for partial summary judgment under NYLL § 240(1), concluding his testimony did not meet the initial burden of showing a statutory violation, citing Joseph v 210 W. 18th, LLC, which involved no proof the ladder moved.
Appellate Division Reversal
The Appellate Division reversed and granted plaintiff’s motion. It held that plaintiff’s account of a locked, stable ladder that unexpectedly shifted established a prima facie case and a presumption of a § 240(1) violation. Defendants offered no triable rebuttal: the medical record did not contradict plaintiff’s consistent explanation, and a supervisor’s later observation of the ladder standing did not undermine that the ladder had shifted and was not an adequate safety device for the task.
Legal Significance
Reaffirms that a worker’s sworn account that a properly set A-frame ladder suddenly shifts is sufficient to obtain summary judgment under NYLL § 240(1), and post-accident observations (e.g., the ladder later standing) or non-contradictory medical records do not create a triable issue absent evidence refuting the ladder’s inadequacy.
In ladder-fall cases, a worker’s testimony that a secured ladder unexpectedly moved can alone warrant summary judgment under NYLL § 240(1) when defendants cannot produce evidence creating a triable issue.