Legal Opinion

Spose v. Ragu Foods, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1986PublishedCited by 5 opinions

1Opinion of the Court

Memorandum: Plaintiff Joseph Spose, Jr., was performing duct work at a warehouse construction site. As he was climbing a ladder, a rung broke and he sustained injuries when he fell to the ground. Labor Law § 240 (1) imposes absolute liability on an owner and contractor where an employee’s injuries result from the failure to provide equipment for the protection of workers (Bland v Manocherian, 66 NY2d 452, 459; Haimes v New York Tel. Co., 46 NY2d 132, 137; Heath v Soloff Constr., 107 AD2d 507, 510). Comparative negligence on the part of the plaintiff is no defense to a cause of action under…

2Cases cited5 opinions

  1. Bland v. ManocherianNew York Court of Appeals · 1985
  2. Haimes v. New York Telephone Co.New York Court of Appeals · 1978
  3. Heath v. Soloff Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Maidman v. StaggAppellate Division of the Supreme Court of the State of New York · 1981
  5. Rea v. Albert Elia Building Co.Appellate Division of the Supreme Court of the State of New York · 1981

3Cited by5 opinions

  1. Harvel v. City of Johnston CityIllinois Supreme Court · 1992
  2. Brown v. Sagamore HotelAppellate Division of the Supreme Court of the State of New York · 1992
  3. Jensen v. L. C. Whitford Co.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Cappiello v. Telehouse International Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1993
  5. Harvel v. City of Johnston CityIllinois Supreme Court · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API