Court Rules Labor Law 240(1) Applicable To Pulling Forces

Medouze v. Plaza Construction LLC, 2021 NY Slip Op. 06094 (1st Dep't 2021)

The Appellate Division, First Department ruled that proof that the wooden dunnage pulled the plaintiff down 3.5′ to the loading dock floor was entitled to summary judgment on Labor Law §240(1) because the dunnage was inadequate to prevent the plaintiff from falling. The dunnage was securing a bundle of metal frames on a flatbed truck that the plaintiff stepped on and which broke while lifting a 200-300 pound load of other frames. The court ruled that being pulled down, rather than struck by dunnage, was irrelevant as the injury was the result of the application of force of gravity. This case further illustrates the court's willingness to expand protection under Labor Law 240(1), which traditionally applies only to falling objects or falling workers.