Going Up? Not via Labor Law 240.

Plaintiff James Sinkaus was standing on a ramp at a work site. His co-workers were pushing some sort of cart up the ramp and the cart rolled over the plaintiff’s foot. The plaintiff filed a claim under Labor Law 240, claiming that this was a gravity-related accident.

The court rejected the plaintif’s claim, pointing out that the cart was going up and, of course, gravity operates in the opposite direction.

If you have any questions about this topic, please contact Georgia Stagias at GStagias@wcmlaw.com

http://www.courts.state.ny.us/reporter/3dseries/2010/2010_01885.htm