New York State Court of Appeals
Back Wall — Component of Form
Morris v. Pavarini Construction
Background: The defendants appealed from an order from the Appellate Division that reversed an order granting their motion for summary judgment dismissing the plaintiff’s Labor Law Section 241 (6) claim. The plaintiff is a carpenter who was injured when a large, flat object fell on and injured his hand. The Appellate Division searched the record and determined that expert testimony showed that the applicable regulation could “apply to forms as they are being constructed and that a back form must be braced to maintain its position.”
Ruling: The Court of Appeals affirmed. The court held that the object that fell on the plaintiff was a back wall panel, which was a component of a form under assembly at the time of the injury. The back wall is the type of component which can be subjected to the requirements of 12 NYCRR 23-2.2 (a).
David B. Franklin for the appellants; Cheryl Eisberg Moin for the respondent