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In this edition of his Construction Accident Litigation column, Brian Shoot discusses two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022. One issue arises when a plaintiff moves for summary judgment under Labor Law §240. The other issue, which arises far less frequently, is whether a falling hatch cover (or similar object) may qualify as a “falling object” within the scope of Labor Law §240.

I today discuss two unrelated issues. Each figured in rulings rendered in, respectively, November and December of 2022.

One issue arises when a plaintiff moves for summary judgment under Labor Law §240. Of course, on such a motion, the plaintiff must prove there was a statutory breach, and also that the breach was a proximate cause of the subject accident. The issue is whether the plaintiff must additionally anticipate and disprove that he or she was the “sole proximate cause” of the statutory violation. Until recently, the answer seemed fairly clear, but the picture is now muddled by some Fourth Department pronouncements.

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