Rigby v. Brisky Family Ltd. Partnership
Plaintiff appealed and defendants cross-appealed an order concerning a personal injury action arising from a workplace accident. Plaintiff sustained a groin strain while working on an elevated surface, guiding a truss lifted by a forklift, accidentally trapping his finger. The Supreme Court initially denied both plaintiff's motion for partial summary judgment and defendants' cross-motion for summary judgment. On appeal, the order was modified; the appellate court granted parts of the cross-motion, dismissing the common-law negligence and Labor Law §§ 200 and 240 (1) causes of action, concluding that plaintiff's injury did not result from a fall or the direct application of gravity, and a safety device would not have prevented it. The Labor Law § 241 (6) cause of action was sustained.