Dietz v. Compass Property Management Co.

Memorandum: Plaintiff commenced this Labor Law § 241 (6) action to recover damages for injuries he sustained when he fell while pushing a wheelbarrow up a ramp and into the back of a truck. At trial, the jury returned a verdict in favor of defendants. Plaintiff then moved to set aside the verdict with respect to proximate cause as against the weight of the evidence and for a new trial on the issues of proximate cause and damages. We agree with plaintiff that Supreme Court erred in denying his motion. We note at the outset that, although the order from which plaintiffs appeal was taken was…