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Court of Appeals – Labor Law 240(1): Stoneham, et al. v. Joseph Barsuk Inc., et al.
Daily Record Staff//February 13, 2024//
Court of Appeals – Labor Law 240(1): Stoneham, et al. v. Joseph Barsuk Inc., et al.
Daily Record Staff//February 13, 2024//
New York State Supreme Court of Appeals
Labor Law 240(1)
Vehicle repairs
Stoneham, et al. v. Joseph Barsuk Inc., et al.
No. 94
Judge Singas
Background: The plaintiff was lying beneath a lifted trailer working on a faulty air brake system when the trailer fell on him causing serious injuries. At issue is whether the plaintiff was engaged in an activity protected by Section 240(1) of the Labor Law.
Ruling: The Court of Appeals held that the statue was not intended to cover ordinary vehicle repairs Therefore, the section 240(1) cause of action was correctly dismissed.
John N. Lipsitz for the appellants; James M. Specyal for the respondent.
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