In an action pursuant to section 240 of the Labor Law to recover damages for personal injuries, etc., defendant appeals from a judgment of the Supreme Court, Orange County, entered May 12, 1977, which is in favor of the plaintiffs, upon a jury verdict. Judgment reversed, on the law, with costs, and complaint dismissed. No fact questions were presented by this appeal. Plaintiff Robert Whelen is a prominent member of the defendant organization. He was seriously injured in a fall from a defective ladder while working voluntarily and without pay in the construction of a storage building on premises owned by the defendant. Plaintiff and his wife brought an action for personal injuries pursuant to section 240 of the Labor Law and the jury rendered a verdict in their favor. Defendant’s motion to set aside the verdict was denied and judgment was entered. The only issue on this appeal is whether the plaintiff falls within the class of persons protected under subdivision 1 of section 240 of the Labor Law, as amended in 1969. We think not. Subdivision 1 of section 240 of the Labor Law reads as follows (the phrases excised in 1969 have been bracketed and the new language has been italicized): "1. [A person employing or directing another to perform labor of any kind] All contractors and owners and their agents, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed [or directed]” (L 1969, ch 1108, § 1). The intent of the Legislature when it originally enacted this section was to provide for the safety of workmen who were forced to work under hazardous conditions and were not in a position to protect themselves. "Workmen * * * who ply their livelihoods on ladders and scaffolds, are scarcely in a position to protect themselves from accident. They usually have no choice but to work with the equipment at hand, though danger looms large. The legislature recognized this and, to guard against the known hazards of the occupation, required the employer to safeguard the workers from injury caused by faulty or inadequate equipment” (Koenig v Patrick Constr. Corp., 298 NY 313, 318-319). The most important characteristic of the workmen protected by section 240 of the Labor Law was that they had "no choice” but to work in hazardous occupations. Accordingly, people who volunteered to engage in hazardous construction jobs were not protected (see, e.g., Cann v Dening, 216 NYS2d 164). When the Legislature amended section 240 in
Whelen v. Warwick Valley Civic & Social Club
63 A.D.2d 646
N.Y. App. Div.1978Check TreatmentAI-generated responses must be verified and are not legal advice.
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