11/16/17 Nazir Ahmed v. F&G Group, LLC, Taragee Construction and Expert Enterprises, Inc.
Plaintiff claimed that he sustained serious personal injuries on October 17, 2013, as a result of falling from a sidewalk shed at 660 East 242nd Street, Bronx, New York. Specifically, the plaintiff chose to climb the cross-braces and support beams of the sidewalk shed in order to reach the top, got his hand caught in a support beam, and fell to the ground. Our client, Expert Enterprises, Inc., erected the subject sidewalk bridge for protection to pedestrians walking along the sidewalk adjacent to the building.
After the completion of discovery, Nicholas V. Ferrara moved to dismiss plaintiff’s Labor Law §240(1), §241(6) and §200 claims pursuant to CPLR §3212. Mr. Ferrara argued that that the plaintiff’s choice not to use the ladder provided to him to ascend to the top level of the subject sidewalk bridge made him a recalcitrant worker and the sole proximate cause of his own accident. Furthermore, Mr. Ferrara argued that there was no violation of the Labor Law as proper protection was provided by our clients, as well as the building owner, through the use of the subject ladder. The Court agreed with our arguments and granting our motion for summary judgment dismissing all claims brought against our client as a matter of law.