Nastasi v. Bradley

The court erred in its charge to the jury in two important respects. The court failed to apprise the jury that under Labor Law § 240, it could find that the defendant was required to supply the plaintiff some safety device in addition to or instead of a ladder. Instead, the court charged that the law requires “ladders, which shall be so constructed, placed, operated and maintained as to give proper protection to the person performing the work”. This charge removed from the jury any prerogative to find that ladders alone were insufficient to protect the plaintiff under Labor Law § 240. By…