Owner and General Contractor Held Statutorily Liable Under New York Labor Law 240 (1) for Worker’s Fall through Floor Opening at Construction Site

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Personal Injury Legal Team at Ivey, Barnum & O’Mara wins summary judgment in case involving worker’s fall through opening at construction site (Supreme Court Of The State Of New York, County Of Westchester; Index No.: 64856/13)

In June 2013, Plaintiff Alexander Kello was working at the construction site now known as Armonk Square when he fell through an opening in the first floor measuring 6 ft. x 6 ft., landing nine (9) feet down on the basement floor, severely breaking his lower back. The opening had been cut two weeks earlier at the direction of the owner, ASQ, LLC and was covered by Dorex Corp., the general contractor.

Plaintiff moved for summary judgment on its claim for violation of Labor Law Section 240 (1), a strict liability statute enacted to protect workers on construction sites by providing proper safety devices. Plaintiff argued, and the Court (Hon. Mary H. Smith) agreed in its Decision (Kello v. ASQ, LLC, New York State Supreme Court, County of Westchester, Index No.: 64856/13 (6/15/2016)) that ASQ, as owner, and Dorex, as general contractor, failed to post any signs, railings or guardrails to alert others of the hazard, and failed to inspect the opening in the week prior to plaintiff’s accident (see Decision at p. 9). In granting Plaintiff’s motion for summary judgment, the Court stated, there was “no dispute that, at the time of plaintiff’s fall, the plywood sheets covering the opening, which had been neither properly secured nor surrounded by a guard rail, and around which there had been no warning as to the existence of the large opening beneath the plywood, ultimately had been inadequate as a safety device, and that this inadequate safety devise had been the proximate cause of plaintiff’s injuries, for which defendants ASQ and Dorex necessarily have statutory liability.” Kello v. ASQ, LLC, New York State Supreme Court, County of Westchester, Index No.: 64856/13 (6/15/2016). (see Decision at p. 18.)

Representing Plaintiff Kello are John Q. Kelly, Mark J. Schnitzler and Andrea C. Sisca of Ivey, Barnum & O’Mara, LLC.

Visit our websites at http://www.ibopersonalinjurylawyers.com and http://www.ibolaw.com.

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John Q. Kelly, Esq.

Andrea M. Sisca, Esq.
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