 
Labor Law Case Dismissed
In March 2006, Scott W. Bermack and Joshua C. Weisberg obtained summary judgment dismissing all Labor Law and negligence claims brought against a leading importer of wine and spirits and its general contractor by a dockworker, who fell from a floating stage while repairing a bulkhead. The plaintiff sued under New York's "scaffold law" which provides for strict liability if a worker is injured while working at an elevated worksite. Plaintiff moved for summary judgment against our clients, arguing that the depth of the water should be included in the calculation of the height from which he fell. We cross-moved for summary judgment, arguing that the work site was mere inches above the surface of the water and did not create the type of gravity-related risk contemplated by the statute. Supreme Court Justice Ira Harkavy (Kings County) agreed with us, ruling that the plaintiff was working at essentially the same level as the surface of the water and therefore Section 240 did not apply. The remaining claims were dismissed as well, fully exonerating our clients.
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