Legal Opinion
Duell v. Eastman Kodak Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1996PublishedCited by 3 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Plaintiff struck his head on a ceiling joist while walking on a plywood platform atop a scaffold, causing him to fall to the plywood platform. Supreme Court properly granted that portion of defendant’s motion for summary judgment dismissing the Labor Law § 240 (1) cause of action. Plaintiffs injury did not "directly flow[ ] from the application of the force of gravity to an object or person” (Ross v Curtis-Palmer Hydro-Elec. Co., 81 NY2d 494, 501). The risk of walking into a low ceiling joist is a risk wholly unrelated to elevation…
2Cases cited6 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- George Larkin Trucking Co. v. Lisbon Tire Mart, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Spremo v. SpremoNew York Court of Appeals · 1993
- Wallace v. Parks Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Bonaparte v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1992
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3Cited by3 opinions
- Bennion v. Goodyear Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Pilat v. Raymond LeChase, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Rohrback v. Legion Associates Joint VentureAppellate Division of the Supreme Court of the State of New York · 2001