In a decision dated May 2, 2012, Justice David B. Vaughan granted defendants’ Perkan Concrete Corp., the New York City School Construction Authority, the City of New York and the Board of Education of the City of New York’s motion for summary judgment dismissing the plaintiff’s complaint sounding in common law negligence and violations of Labor Law §§200, 240(1), 241(6). The construction worker plaintiff, age 56 at the time of the accident, alleged that he sustained personal injuries on November 14, 2007, while working on the sidewalk abutting Public School 329 in Brooklyn, New York. On that date, his leg was contacted by a Bobcat vehicle being operated by a co-worker. The Court granted in its entirety the defendants’ summary judgment motion seeking dismissal of all Labor Law and common law negligence claims. Of particular note was the Court’s conclusion, inherent in its dismissal of the case, that none of the plaintiff’s enumerated provisions of the Industrial Code were applicable, were violated or were substantial factors in the happening of the accident.
Gonzalez v. Perkan Concrete Corp., Index No.: 24209/08 (Kings Co. Sup. Ct., May 2, 2012)