Ryan and DeFrancesco win Summary Judgment in Labor Law Case

Daniel Ryan, Esq., and Chris DeFrancesco, Esq., won summary judgment in Seneca County on a Labor Law 240(1) and 241(6) claim.  The plaintiff was delivering a manlift on a flatbed truck to a construction site for future use by his co-workers.  While attempting to unload the manlift, the plaintiff climbed into the basket of the manlift and attempted to reposition the manlift on the bed of the truck.  The manlift rolled off the back of the flatbed and the plaintiff injured his back when he struck the side of the lift basket.  The court ruled plaintiff was not engaged in a covered activity under 240(1) and that the regulations relied on in support of the 241(6) claim were not applicable or not specific enough to support a cause of action.