This is a useful case for lawyers because it covers a lot of topics, and it also explains a lot for workers to know. The case restated the law for the “scaffold law” or Labor Law 240(1) that when a worker is injured at a construction site because a part of their elevation safety device (ladder, scaffold, hoist, ropes, etc.) broke, failed, collapsed or moved, they are entitled to what we call summary judgment. That means the worker already wins the “who is legally responsible for their accident” part of their case without a trial, and would only have a trial for a jury to determine how much compensation they get – the money decision.
The rest of the case is somewhat technical. The case explains what happens when one of the participants/parties to the lawsuit makes or allows evidence to disappear. Here, it was the broken plank. The court can give them some very stiff penalties that help the other parties to the case, including the worker. The court also spoke about the rules and laws between the contractors. In these cases, the contractor, owners, and sub-contractors try to put the blame on each other since they already lost and probably knew they were going to lose against the plaintiff, the injured worker.
Biaca-Neto v. Boston Road II Housing Development Fund Corporation, et al.:
On February 18, 2020, in Biaca-Neto v. Boston Road II Housing ...