On January 16, 2020, a 42 year old union laborer, who suffered permanent injuries to his neck and shoulder, won his case as a matter of law under Labor Law Section 240 (1), leaving only the amount of just compensation to be determined at a jury trial. The accident happened at a construction site on Lexington Avenue by 52nd Street in Manhattan when the plaintiff abruptly let go of a heavy concrete form which was being lowered to him from workers on a scaffold above. The plaintiff explained that he released his grip of the concrete form because his hand was hit (unexpectedly) by a nail lodged in the form causing him to fall backward injuring his neck and shoulder.
The owner of the building and property management company will now be required to compensate the plaintiff for failing to provide adequate safety equipment for "a load that required securing" while being lowered from a height. The plaintiff underwent shoulder surgery for rotator cuff and labral tears three months post accident and the following year underwent cervical discectomy, foraminotomy and fusion at C5-6. Gutierrez v 610 Lexington Property, LLC, 2020 WL 236749