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Jorge Ajche v. Park Avenue Plaza Owner, LLC, et al.

This is a great case where the construction worker won summary judgment on his Labor Law 240(1) claim. The injured worker was insulating air conditioning ducts in the kitchen ceiling of a restaurant site under construction and was injured when he fell from an A-frame ladder. There was a bit of a mess here because nobody witnessed the accident, the worker did not remember the fall. The worker’s wife said he told him that the ladder moved causing him to fall. The plaintiff’s foreman testified that he actually fell from a scaffold, because he saw the plaintiff on a scaffold when he went to get coffee and then found him lying on the floor near the scaffold when he returned. The general contractor’s superintendent heard a noise and impact and then found the worker on the ground near the scaffold. Despite all of this, the Court found that the worker wins because he would win whether he fell off a ladder or a scaffold so it does not matter, because whatever he did fall off of was not properly safe for the job. The Court said he wins under the “ladder version,” because he had to stand on the second step from the top because that was the only way to reach the ducts above and the ladder fell, and that he won under the “scaffold version” because the scaffold had no guardrails.

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    Construction worker/ laborer fell from the scaffold, jury verdict.
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