Hargobin v. K.A.F.C.I. Corp.

282 A.D.2d 31, 724 N.Y.S.2d 155, 2001 N.Y. App. Div. LEXIS 4295
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 3, 2001
StatusPublished
Cited by11 cases

This text of 282 A.D.2d 31 (Hargobin v. K.A.F.C.I. Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hargobin v. K.A.F.C.I. Corp., 282 A.D.2d 31, 724 N.Y.S.2d 155, 2001 N.Y. App. Div. LEXIS 4295 (N.Y. Ct. App. 2001).

Opinion

OPINION OF THE COURT

Wallach, J.

The Scaffold Act (Labor Law § 240 [1]), which is designed to enhance the safety of laborers whose work on construction sites calls for the use of such apparatus as “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, [or] ropes,” was first introduced in this State more than a century ago as a criminal sanction against the negligent furnishing of insecure safety devices (L 1885, ch 314). The penal aspect of the statute was dropped before the turn of the century, in favor of imposing absolute civil liability (L 1897, ch 415, § 18) that has continued with little change to this day.

Although the statute seems deceptively simple on its face, few legislative enactments have taxed the courts more, probably because of the infinite factual variations that are continually presented to them. Well-intentioned efforts by courts to fashion overarching rules have often failed, and calls for a legislative overhaul of the statute are becoming more strident (see, Riccardi, Scaffold Law Is Falling Out of Favor With Some, NYLJ, Mar. 15, 2001, at 1, col 3). In the meantime, we face the [33]*33challenge of threading our way through the luxuriant forest of existing case law.

The case before us presents just such a challenge. When American Airlines undertook the expansion and renovation of its terminal at Stewart Airport in Newburgh, in 1993, it hired AARK as general contractor, with Barney Skanska acting as construction consultant. AARK subcontracted the carpentry and exterior sheetrocking work to KAFCI/Terra Firma, which in turn contracted with Allied Building Supply, to provide materials for the job.

Plaintiff Khamrajh Hargobin, a crane operator employed by Allied, delivered materials to the job site in a boom truck on October 15, 1996. In his deposition he testified that upon arrival, he left the driver’s seat, checked his inventory, and ascended a ladder some 13 feet to a platform where he could operate the boom controls in downloading the cargo on forklift pallets. From this seat, which was about 18 to 20 inches above the platform, Khamrajh caused the crane to lift the first stack of material and lower it to the worksite. When the load was about eight feet from the ground, the boom suddenly snapped and detached from the truck, causing the load to fall. The lurching motion of the boom pitched Khamrajh forward out of his seat (which was not equipped with a seat belt or harness) against the control levers, and he landed on the floor of the platform, between the seat and the controls. As he fell to the floor, his buttocks came in contact with the front of the seat. When he got up, Khamrajh immediately felt slight pain in his chest and lower back. Khamrajh hastened down the ladder and observed that three or four bolts had broken off the base of the boom.

An eyewitness, KAFCI’s carpentry foreman, gave slightly contradictory testimony, in that the first load of cargo was observed being lowered without incident, but the boom “sat down” when the second load was within three feet of the ground. Instead of then using the ladder to dismount, Khamrajh was observed jumping from his seat to the surface of the cargo about two feet below, and then to the ground, to inspect the boom. Within 10 minutes, Khamrajh climbed back into the control seat and managed to maneuver the boom “back in tight” to the truck. When construction workers from the site gathered to find out what had happened and whether anyone was injured, Khamrajh described the incident and complained of pain in his lower back, which information was included in a workers’ compensation report the next day.

[34]*34This lawsuit, seeking recovery for Khamrajh’s back injuries, alleged a violation of Labor Law § 240, inter alia. Joinder of issue was accompanied by a flurry of cross claims among the various defendants for indemnification. Following discovery, plaintiffs moved in 1999 for partial summary judgment, and the various defendants cross-moved for summary judgment.

The IAS court denied plaintiffs’ motion, which was limited to Khamrajh’s claim under section 240 (1), and granted the cross motions for dismissal of all claims and cross claims as against KAFCI and Terra Firma. The cross motions of the other defendants were granted to the extent of dismissing the common-law liability claims brought under Labor Law § 200. Claims alleging liability under Labor Law § 241 (6) were also dismissed for failure to identify an Industrial Code violation. The motion court left for the factfinder the resolution of the cross claims among the remaining defendants, and a determination of proximate causation related to the section 240 (1) claim. We disagree.

Construction workers who perform their duties above their normal reach from the ground are often dependent upon man-made devices to elevate them or their materials to the work area. A worker in such an elevated environment should be able to rely on the integrity of these devices to protect him from elevation-related hazards on the job, such as “falling from a height or being struck by a falling object that was improperly hoisted or inadequately secured” (Ross v Curtis-Palmer HydroElec. Co., 81 NY2d 494, 501). The Legislature has determined, in its most recent amendment to the operational portion of the Scaffold Act (L 1969, ch 1108, § 1), that the property owner or general contractor is in the unique position of being able to provide such safeguards (Zimmer v Chemung County Performing Arts, 65 NY2d 513, 520; see, 1969 NY Legis Ann, at 407-408).

In order to invoke the absolute liability of this statute, a plaintiff must prove that the violation proximately caused his injury (see, Duda v Rouse Constr. Corp., 32 NY2d 405, 410), and that the claim is specifically related to the protection contemplated by the Legislature. As Chief Judge Cardozo long ago cautioned, “The violation of a statute calling for a prescribed safeguard in the construction of a building does not establish liability if the statute is intended to protect against a particular hazard, and a hazard of a different kind is the occasion of the injury” (De Haen v Rockwood Sprinkler Co., 258 NY 350, 353).

[35]*35The Scaffold Act enumerates devices, rather than hazards or circumstances. In construing the statute, courts are required to scrutinize two interrelated issues: the work that is being performed by the laborer, and the nature of the protective device and the manner in which it is being utilized.

The Work in Which Plaintiff Was Engaged

A once pervasive standard thought to be the universal solvent of these cases was whether the hazard was “gravity-related,” a concept introduced by the Court of Appeals in Ross v Curtis-Palmer Hydro-Elec. Co. (supra). This solution has proven illusory because virtually everything in the physical world that is above ground and heavier than air is affected by gravity. The Court of Appeals has now acknowledged that the protections of the statute are not implicated simply because injury is caused by the effect of gravity (Melo v Consolidated Edison Co., 92 NY2d 909, 911). The more accurate test is whether the protective device being utilized is intended to facilitate access to a different elevation level for the worker or his materials (Melber v 6333 Main St., 91 NY2d 759, 762; Rocovich v Consolidated Edison Co., 78 NY2d 509, 514).

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Bluebook (online)
282 A.D.2d 31, 724 N.Y.S.2d 155, 2001 N.Y. App. Div. LEXIS 4295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hargobin-v-kafci-corp-nyappdiv-2001.