Guillory v. Nautilus Real Estate, Inc.
An electrician, Guillory, employed by Coyne Electrical Contractors, Inc., was injured after falling from a ladder while installing light fixtures in a building owned by Nautilus Real Estate, Inc. He was struck by debris and fell, suffering a shoulder injury. The Supreme Court denied Nautilus's motion to dismiss the Labor Law § 240 (1) claim and granted Guillory's motion for a directed verdict on liability against Nautilus. The appeals court affirmed these decisions, holding Nautilus liable as the owner for failing to provide adequate safety devices. However, the appeals court modified the judgment by reinstating Nautilus's third-party complaint for implied indemnity against Coyne, reasoning that Nautilus's liability was vicarious and it could recover from the entity that controlled the work. The court also found the jury's substantial damages award for pain and suffering not excessive given the severity of Guillory's injuries and ongoing medical issues.