Kristen Benson & Brendan Lyon recently won a motion for summary judgment in a Labor Law case venued in Oswego County Supreme Court. The plaintiff, who suffered the loss of an eye while performing demolition work at a construction site, asserted claims for alleged violations of Labor Law § 241(6). Plaintiff moved for summary judgment under Labor Law § 241(6), arguing that the Industrial Code’s eye protection provision (12 NYCRR 23-1.8[a]) applied to his work. Plaintiff argued that removing nails from lumber with a hammer and pry bar constituted an operation requiring protective eyewear under the regulation. Benson & Lyon opposed and cross moved for dismissal arguing that the regulation is limited to activities such as welding, burning, cutting, or grinding — operations where flying debris is an inherent and predictable hazard — and does not extend to the circumstances of plaintiff’s accident. The Court agreed, relying on established precedent from the Fourth Department holding that similar nail-ricochet injuries fell outside the scope of the regulation.
In a detailed decision, the Judge denied plaintiff’s motion, dismissed the complaint in its entirety, and declared the pending third-party claim moot. The ruling underscores the importance of a careful, fact-specific analysis of Industrial Code provisions in Labor Law litigation and represents a complete victory for Benson & Lyon and their client.
