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Felipe Ramos-Perez v. Evelyn USA, LLC, et al.

In this case, the construction worker was unloading flooring materials from the back of a truck to the ground with a coworker using a hydraulic lift. The lift was being used to lower the flooring materials in pallets or “skids” weighing 2,500 to 3,000 pounds a height of about 4 feet off the ground. One of the skids fell off the lift onto the worker. The Court said that the court below was wrong and that the worker was actually entitled to win his “Scaffold Law” claim under Labor Law 240(1) because certain defendants didn’t provide a proper safety device that secured the materials as they were being lowered off the truck. This case falls into the category of falling object cases where the object needed to be properly secured while being hoisted.

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