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Curby Toussaint v. The Port Authority of New York and New Jersey, et al.

In this case, the Appellate Division, First Department granted said that injured worker wins his claim under Labor Law 241(6) because he was hit in the back by a power buggy being used by an operating engineer on a construction site. There is a law that requires the operators of power buggies to “trained and competent” and “designated.” Since they said that regulation was specific enough to be used under the law and there was no question that the operator was not designated to operate the power buggy, the worker wins and does not need a jury to decide that question. Also, of note here is the fact that the Court sited a case from The Perecman Firm called Sawicki where the Court found a similar regulation for the operation of excavating machines to be specific enough and Sawicki was used to justify their decision here.

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