DeAndrade v. K.J. Mountain Corp.
1:11-cv-00011
| S.D.N.Y. | Dec 11, 2013Background
- Plaintiff DeAndrade, employed as a temporary worker for E.C. Construction, was injured when he fell from a 16‑foot extension ladder at a K.J. Mountain construction site in Hamptonburgh, NY.
- K.J. Mountain was the owner/general contractor; Golden Oak Contracting, Inc. was a subcontractor engaged for framing; E.C. Construction performed the framing work under Golden Oak.
- The ladder was unsecured and positioned beside an open floor opening to the basement; the opening was not covered at the time of the fall, and no safety belt or life net was provided.
- Garcia, an EC Construction partner, testified he moved a securing two-by-four prior to the accident and that he did not re-secure the ladder; Plaintiff contends the ladder shifted and a rung was missing.
- Golden Oak and K.J. Mountain dispute control, with Golden Oak claiming it was the prime framing contractor but did not supervise daily work, while K.J. Mountain asserts limited or no control over framing activities.
- Disputed issues exist surrounding the execution and enforceability of a Sub-Contractor Agreement indemnifying K.J. Mountain, and whether Golden Oak acted as a statutory agent under NY Labor Law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| NYLL §240(1) proximate cause of injury | Plaintiff argues the ladder movement and unsecured condition caused the fall. | Defendants contend Plaintiff’s own actions or availability of other ladders negate proximate causation. | Issues of material fact exist; summary judgment denied. |
| NYLL §241(6) violations | Plaintiff asserts violations of 23‑1.21(b)(4)(i), (iv) and 23‑1.7(b)(1) due to uncovered opening and unsecured ladder. | Defendants argue no dispositive violation or that issues of control/causation negate liability. | Triable issues exist; summary judgment denied for §241(6) claims. |
| NYLL §200(1) and common law negligence liability | Plaintiff alleges owner's/contractor’s control or notice of dangerous conditions. | K.J. Mountain none or minimal control and no notice; Golden Oak disputed supervision. | K.J. Mountain granted summary judgment; Golden Oak case remains for §200(1); factual questions on supervision and notice remain for Golden Oak. |
| Indemnification agreement enforceability | Dispute over date and enforceability of indemnity agreement signed between Golden Oak and K.J. Mountain. | Golden Oak argues post‑accident indemnity agreements are retroactive and should preclude claims. | Triable issues of fact on date/enforceability preclude summary judgment on cross‑claims. |
Key Cases Cited
- Cahill v. Triborough Bridge & Tunnel Authority, 4 N.Y.3d 35 (N.Y. 2004) (NY Labor Law §240(1) strict, nondelegable liability; proximate cause required)
- Morales v. Spring Scaffolding, Inc., 24 A.D.3d 42 (1st Dep’t 2005) (Safety duties to protect workers on construction sites)
- Miro v. Plaza Const. Corp., 38 A.D.3d 454 (1st Dep’t 2007) (Question of proximate cause where substitute ladder possible; defendant’s liability question depends on availability of safe equipment)
- Mulcaire v. Buffalo Structural Steel Const. Corp., 45 A.D.3d 1426 (4th Dep’t 2007) (Courts view on safety devices and plaintiff negligence in use of safety equipment)
- Lorefice v. Reckson Operating P’ship, L.P., 269 A.D.2d 572 (2d Dep’t 2000) (Triable issues on defendant’s supervision and awareness of dangerous condition)