In Rico-Castro v. Do & Co. New York Catering, Inc. (http://www.courts.state.ny.us/reporter/3dseries/2009/2009_01789.htm) the plaintiff was working on an A-frame ladder that he left in the closed position and leaned up against a wall. The ladder slipped, and the plaintiff fell to the floor and was injured. A New York appellate court granted summary judgment to the plaintiff on Labor Law section 240 even though he misused the ladder (i.e., leaving it closed), ruling that the misuse was not the “sole proximate cause” of the accident and injury.

Justin Rowe contributed this post.