Barry McTiernan & Moore partner David H. Schultz recently obtained summary judgment in favor of a production design company sued for the violations of Labor Law for an accident that occurred during the staging process of a technology expo in New York City. The plaintiff suffered injuries while unloading a truck when one of the loads being delivered fell from the back of the truck and landed on top of him. In his complaint, plaintiff alleged that the failure to provide proper hoisting equipment constituted a violation of Labor Law 240.
We prevailed by persuading the court that the Labor Law did not apply, stressing the fact that plaintiff’s work was not a covered activity nor was it integral or necessary to a covered activity. By delineating the various responsibilities of the different parties and focusing on the union rules that prevented plaintiff from doing anything besides unloading the truck, we proved the inapplicability of the Labor Law. Moreover, we succeeded in having the indemnification claim of the expo sponsor dismissed on the grounds that the contract required all claims seeking relief thereunder to be decided in accordance with Washington law in a Washington State Court.