Rivera v. Home Depot U.S.A. Inc.

312 F. Supp. 3d 406
CourtDistrict Court, S.D. Illinois
DecidedFebruary 28, 2018
Docket16–cv–7552 (KBF)
StatusPublished

This text of 312 F. Supp. 3d 406 (Rivera v. Home Depot U.S.A. Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivera v. Home Depot U.S.A. Inc., 312 F. Supp. 3d 406 (S.D. Ill. 2018).

Opinion

KATHERINE B. FORREST, United States District Judge

On August 22, 2015, Daniel Rivera ("Rivera" or "plaintiff") fell from a ladder during the course of his employment in Yonkers, New York. This action concerns whether and to what extent either of the contracting entities involved in Rivera's employment-Home Depot U.S.A. Inc. ("Home Depot") and Bryan's Home Improvement Corp. ("BHIC")-are liable for his resulting injuries.

By Memorandum Decision & Order dated February 27, 2018, the Court denied BHIC's motion for summary judgment, concluding that BHIC had failed to demonstrate that Rivera did not suffer a "grave injury" as a matter of law. (ECF No. 69.) Currently before the Court is Rivera's affirmative motion for partial summary judgment filed January 8, 2018. (ECF No. 44.) Rivera argues, in sum, that Home Depot violated New York Labor Law §§ 240(1) and 241(6) by failing to adequately ensure the safety of Rivera's elevated worksite, and is therefore liable for his resulting injuries. (See generally Mem. of Law ("Rivera Mem."), ECF No. 45.) Home Depot opposed Rivera's motion on February 15, 2018 (ECF No. 61), and *408Rivera replied on February 17, 2018 (ECF No. 64).

It is rare for a personal injury plaintiff to prevail on a motion for summary judgment; typically, there are numerous issues of material fact that necessitate trial. The plaintiff in this case, however, has succeeded in demonstrating that no material facts are sufficiently disputed. Accordingly, Rivera's motion must be GRANTED.1

I. LEGAL PRINCIPLES

It is well established that summary judgment may be granted when a movant shows, based on admissible evidence in the record, "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The moving party bears the burden of demonstrating "the absence of a genuine issue of material fact," Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), and the Court must construe all evidence in the light most favorable to the nonmoving party, drawing all inferences and resolving all ambiguities in its favor, Dickerson v. Napolitano, 604 F.3d 732, 740 (2d Cir. 2010).

The statutes at issue here are New York Labor Law §§ 240(1) and 241(6). Section 240(1), referred to by the parties as the "Scaffold Law," imposes absolute liability on contractors for failure to adequately protect workers in elevated worksites:

All contractors and owners and their agents ... in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.

N.Y. Lab. Law § 240(1) (emphasis added). The "core premise" of § 240(1) is "that a defendant's failure to provide workers with adequate protection from reasonably preventable, gravity-related accidents will result in liability." Wilinski v. 334 E. 92nd Hous. Dev. Fund Corp., 18 N.Y.3d 1, 7, 935 N.Y.S.2d 551, 959 N.E.2d 488 (2011). To prevail on a § 240(1) claim, plaintiff must demonstrate (1) that defendant failed to adequately secure an elevated worksite within the meaning of the statute, and (2) that failure proximately caused some injury. Id.; see also Rocovich v. Consol. Edison Co., 78 N.Y.2d 509, 513, 577 N.Y.S.2d 219, 583 N.E.2d 932 (1991).

Section 241(6), which relates to "[a]ll areas in which construction, excavation or demolition work is being performed," provides that such areas "shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places." N.Y. Lab. Law § 241(6) (emphasis added). The statute further provides that "[t]he commissioner may make rules to carry into effect the provisions of this subdivision," and that covered entities "shall comply therewith." Id.

The New York Court of Appeals has held that § 241(6) thus requires general contractors to "comply with the specific safety rules and regulations promulgated by the Commissioner of the Department of Labor." Ross v. Curtis-Palmer Hydro Electric Co., 81 N.Y.2d 494, 501-02, 601 N.Y.S.2d 49, 618 N.E.2d 82 (1993). To prevail on a § 241(6) claim, plaintiff must demonstrate that defendant breached a *409"concrete specification[ ]" of the relevant Industrial Code as opposed to general common-law principles, which are better left to § 200(1) or some other statute.

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Related

Dickerson Ex Rel. Davison v. Napolitano
604 F.3d 732 (Second Circuit, 2010)
Ross v. Curtis-Palmer Hydro-Electric Co.
618 N.E.2d 82 (New York Court of Appeals, 1993)
Figueroa v. Mazza
825 F.3d 89 (Second Circuit, 2016)
Grabin v. Marymount Manhattan College
659 F. App'x 7 (Second Circuit, 2016)
Wilinski v. 334 East 92nd Housing Development Fund Corp.
959 N.E.2d 488 (New York Court of Appeals, 2011)
Rocovich v. Consolidated Edison Co.
583 N.E.2d 932 (New York Court of Appeals, 1991)
Hart v. Turner Construction Co.
30 A.D.3d 213 (Appellate Division of the Supreme Court of New York, 2006)
Deshields v. Carey
69 A.D.3d 1191 (Appellate Division of the Supreme Court of New York, 2010)
DelRosario v. United Nations Federal Credit Union
104 A.D.3d 515 (Appellate Division of the Supreme Court of New York, 2013)
John v. Baharestani
281 A.D.2d 114 (Appellate Division of the Supreme Court of New York, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
312 F. Supp. 3d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-home-depot-usa-inc-ilsd-2018.