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Plaintiff commenced a Labor Law and common-law negligence action after sustaining injuries while installing spray foam insulation, allegedly struck by a garage door while on a wobbly ladder placed on an unstable surface. Defendants, Morrell Builders, Inc. and S&J Morrell, Inc., moved for summary judgment, which was largely denied except for Labor Law § 200 and common-law negligence claims. Plaintiff cross-moved for partial summary judgment on Labor Law § 240 (1) liability, which was partially granted by the Supreme Court. The appellate court modified the order, denying plaintiff's cross-motion in its entirety but affirming the denial of defendants' motion regarding Labor Law §§ 240 (1) and 241 (6). The court found unresolved issues of fact concerning the accident's specifics and potential violations of Industrial Code provisions related to ladder placement.
FLADD, JESSE v. INSTALLED BUILDING PRODUCTS, LLC is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiff commenced a Labor Law and common-law negligence action after sustaining injuries while installing spray foam insulation, allegedly struck by a garage door while on a wobbly ladder placed on an unstable surface. Defendants, Morrell Builders, Inc. and S&J Morrell, Inc., moved for summary judgment, which was largely denied except for Labor Law § 200 and common-law negligence claims. Plaintiff cross-moved for partial summary judgment on Labor Law § 240 (1) liability, which was partially granted by the Supreme Court. The appellate court modified the order, denying plaintiff's cross-motion in its entirety but affirming the denial of defendants' motion regarding Labor Law §§ 240 (1) and 241 (6). The court found unresolved issues of fact concerning the accident's specifics and potential violations of Industrial Code provisions related to ladder placement.
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