NY Appeal Court Allows Worker Injured By Mobile Crane to Pursue Claim
Posted on Jul 07, 2010
In McCoy v. Metropolitan Transp. Auth., a decision that was handed down on July 1, New York's Appellate Division, First Department (which covers New York's Bronx and Manhattan courts) affirmed the trial court's decision that denied the defendants' motion to dismiss a worker's claim that he was injured while working at a construction site. More particularly, the plaintiff claimed that he was injured while using a "mobile crane" as defined by Industrial Code, 12 NYCRR 23-8.2, and therefore, the defendants should be held liable for his injuries pursuant to New York Labor Law § 241(6) based upon their failure to provide proper safety equipment at a worksite. In affirming the trial court's decision denying the defendants' motion, the appellate court held that the trial court properly found that the evidence adduced in the lower court confirmed that the machinery in question qualified as a "mobile crane" for purposes of the statute.