Amo v. Little Rapids Corp.
Plaintiff, Amo, was injured after falling 16 inches from a boulder while jackhammering during a construction excavation project. He sued Little Rapids Corporation (LRC), the property owner, and Laframboise Group, Ltd., the general contractor, under Labor Law § 240 (1). After a second jury trial, it was determined that the height differential was 15 inches and plaintiff fell a total of 16 inches. The Supreme Court ruled this constituted an elevation-related risk under the Labor Law. The Appellate Court affirmed, holding that the specific circumstances of the fall from an elevated, wet work surface while jackhammering constituted a "special hazard" under Labor Law § 240 (1), especially given the uncontroverted absence of safety devices.