Eddy v. John Hummel Custom Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Dickerson, J.
Introduction
In Dilluvio v City of New York (95 NY2d 928 [2000]), the Court of Appeals held that a worker who fell from the back of a pickup truck in which he was riding was not protected by Labor Law § 240 (1) because, as a matter of law, the accident did not result from an elevation-related risk. On this appeal, we determine that the same conclusion should result when a worker who falls from the back of a moving pickup truck is injured by an object that also falls from the truck. Moreover, we also determine that under the circumstances of this case, the…
2Cases cited42 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- Runner v. New York Stock Exchange, Inc.New York Court of Appeals · 2009
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- Guaman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
- Jones v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
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