Ortega v. Catamount Construction Corp.
Court: Appellate Division of the Supreme Court of the State of New York; April 3, 1996; New York; State Appellate Court
The Supreme Court of New York County denied the plaintiff's motion for partial summary judgment regarding liability in a negligence action, resulting in a unanimous affirmation without costs. The case involves an accident where the plaintiff, engaged in asbestos removal, fell from a ladder. The plaintiff's account of the incident is vague, and there are significant factual disputes. Although a lack of overhead protection from falling debris could potentially be a per se violation of safety statutes, issues remain concerning why the plaintiff opted to use a ladder instead of the scaffolding provided by the defendant, Acoustic Technology Corp. An Acoustic supervisor contradicted the plaintiff's claim that no scaffolding was available at the accident site. Additionally, the plaintiff did not clarify his reasoning for using a ladder while scaffolding was accessible to other workers. The court identified a factual question regarding whether the plaintiff acted as a recalcitrant worker, which would preclude strict liability. Key legal precedents cited include Muhammad v. Hyman Construction, Guillory v. Nautilus Real Estate, and Stolt v. General Foods Corp. The decision highlights the necessity of examining the circumstances surrounding the plaintiff's actions at the time of the accident.