Jun 29, 2017

Ford Marrin Defeats Labor Law §240 (1) Claim On Sole Proximate Cause Grounds

In Merendino v. Coscto Wholesale Corp., (Sup. Ct. NY), Index No. 154010/2012, plaintiff allegedly fell twelve feet from scaffolding while working at a Costco facility on Staten Island. In response to Ford Marrin’s motion, Judge Arlene Bluth ruled as a matter of law that plaintiff was the sole proximate cause of his alleged injury by failing to use an available safety harness that he admitted leaving in his truck, and dismissed plaintiff’s Labor Law claims against Ford Marrin’s client, a demolition subcontractor.

By, Alfred L. D’Isernia, III