Narducci v. Con Edison, 88 N.Y.2d 905 (1996)
New York Labor Law § 240(1), concerning elevation-related risks, is not implicated simply because an object falls due to gravity; the object must be elevated above the worksite for the statute to apply.
Summary
Narducci, an employee of a general contractor, was injured when a steel plate being moved by a backhoe fell on his foot and shoulder. He sued Con Edison, alleging a violation of Labor Law § 240(1), which concerns risks related to elevation differentials at construction sites. The New York Court of Appeals held that § 240(1) did not apply because the steel plate was either resting on the ground or hovering slightly above it, and was not elevated above the worksite, thus not presenting the type of elevation-related risk the statute was designed to protect against. The court emphasized that the mere involvement of gravity is insufficient to trigger § 240(1); the object must be elevated.
Facts
Plaintiff Narducci was employed by a general contractor performing excavation work. At the end of each day, workers covered unfilled trenches with heavy steel traffic plates. On the day of the accident, Narducci and a co-employee were directing the placement of a steel plate using a backhoe. The plate was attached to the backhoe’s shovel by a chain with hooks. As the plate was being maneuvered, one of the hooks became unfastened, and the plate toppled over, falling onto Narducci’s foot and striking his shoulder.
Procedural History
Narducci sued Con Edison, alleging a violation of Labor Law § 240(1). The Supreme Court granted Con Edison’s cross-motion for summary judgment, dismissing the cause of action. The Appellate Division affirmed the Supreme Court’s decision. Narducci appealed to the New York Court of Appeals.
Issue(s)
Whether Labor Law § 240(1) applies to an injury caused by a falling object when that object was not elevated above the worksite but was either resting on the ground or hovering slightly above it.
Holding
No, because the protections of Labor Law § 240(1) are not implicated simply because an injury is caused by the effects of gravity upon an object; the object must be elevated above the worksite to present the elevation-related risks the statute aims to address.
Court’s Reasoning
The Court of Appeals affirmed the lower courts’ decisions, emphasizing that Labor Law § 240(1) is intended to address “exceptionally dangerous conditions posed by elevation differentials at work sites.” The court noted that while gravity may have caused the steel plate to fall, the plate was not elevated above the worksite. The court distinguished the case from situations where the statute applies, namely, cases involving “a difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured.” Because the steel plate was resting on the ground or hovering slightly above it, the court concluded that the statute did not apply. The court relied on precedent, specifically citing Misseritti v Mark IV Constr. Co., 86 NY2d 487, 490-491, emphasizing that the statute prescribes safety precautions for workers laboring under unique gravity-related hazards arising from elevation differentials. The court also cited Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501 to underscore that not all gravity-related incidents fall under the protection of Labor Law § 240(1). The decision clarifies that a crucial element for a § 240(1) claim involving falling objects is the object’s elevation relative to the worksite.