Partial Summary Judgment Granted Dismissing Plaintiff’s Labor Law §241(6) Cause of Action Based on Violations of Industrial Code Rules 23-1.5, 23-1.7(e) and 23-1.30

In a decision dated April 19, 2010, Justice Eileen A. Rakower granted the defendants partial summary judgment dismissing the plaintiff’s claim pursuant to Labor Law §241(6), which was premised on violations of Industrial Rules 23-1.5, 23-1.7(e) and 23-1.30.  The plaintiff, an electrician, claimed that he sustained serious personal injuries when he tripped and fell over a two-inch lip between adjoining sections of concrete flooring. The defendants successfully demonstrated that the height differential was purposely called for in the project’s plans and specifications so that the raised floor, which would eventually become an elevator lobby, could subsequently receive finished stone or marble tiling.  The Court found that Industrial Code Rule 23-1.7(e), which addresses tripping hazards, could not support the plaintiff’s claim because the lip was an integral part of the construction.  Additionally, the Court also found that Industrial Code Rule 23-1.5 was too general to serve as a predicate for establishing a violation of the statute, and that the plaintiff’s own testimony regarding the lighting conditions on the floor established there was no violation of Industrial Code Rule 23-1.30 which regulates illumination.

Eimer v. 731 Commercial LLC et al., Index No. 112196/06 (N.Y. Co. Sup. Ct., April 19, 2010)

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