In a decision dated November 3, 2010, Justice David B. Vaughn granted the defendant summary judgment dismissing plaintiff’s  claim pursuant to Labor Law  §241(6), which  was  premised  on Industrial  Code  Rules 23-1.7(d)  and 23-1.7(e).  The plaintiff, an ironworker, claimed that he was holding a tag line for a beam, which was being loaded onto a flat bed trailer when he slipped on oil or fluid and was then struck by a pickup truck which ran over his foot.  The defendant demonstrated that the plaintiff could not identify the substance as he never touched it and did not even notice the condition until after the accident.  Three co-workers testified that they never observed any substances in the area where the accident occurred. The site safety manager provided an affidavit stating that the plaintiff advised him his accident occurred when he backed up into the truck and was knocked down. The Court found that the Industrial Code Rules alleged could not support the plaintiff’s claim and dismissed the Labor Law §241(6) cause of action. The causes of action for common law negligence and violation of Labor Law §§200 and 240(1) were dismissed without opposition.

Coffin v. The City of New York, Index No. 46071/07 (Kings Co. Sup. Ct., November 3, 2010)